Decree No. 09/2021/ND-CP the management of building materials

DECREE

On the management of building materials^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Law on Construction;

At the proposal of the Minister of Construction;

The Government promulgates the Decree on the management of building materials.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the management of development and production of building materials and the use of building materials in construction works, ensuring safety, efficiency, sustainable development, environmental protection, and resource saving.

Article 2. Subjects of application

This Decree applies to state management agencies, and organizations and individuals operating in the domain of building materials in Vietnam’s territory.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Building materials means products and commodities used to create construction works, excluding electric equipment and devices and technological equipment.

2. Mineral resource-saving, energy-efficient and environment-friendly building materials include non-baked building materials, building materials produced from the use of wastes as materials or fuels, and building materials with superior energy efficiency as compared to materials of the same kind.

3. Building components means products of building materials which are manufactured for fabrication into building structures.

Chapter II

DEVELOPMENT OF BUILDING MATERIALS

Article 4. Strategy on development of building materials

1. A strategy on development of building materials shall be formulated for use as a basis for management and administration of the development of building materials, ensuring efficiency, sustainability, environmental protection, and rational use of natural resources, and meeting the domestic and export demands for building materials; for inclusion of contents related to the development of building materials in relevant national sector master plans, regional master plans and provincial master plans; and for formulation of master plans on exploration, exploitation, processing and use of assorted minerals as building materials and proposal of the incorporation of contents of master plans in the overall national master plan.

2. Contents of the strategy on development of building materials shall be decided by the Prime Minister.

3. The Ministry of Construction shall coordinate with related ministries, sectors and localities in organizing the formulation of the strategy on development of building materials and submit it to the Prime Minister for decision.

4. Funds for the formulation, appraisal and approval of the strategy on development of building materials shall be allocated from the state budget.

Article 5. Policies on development of mineral resource-saving, energy-efficient and environment-friendly building materials

1. The State shall encourage and create conditions for organizations and individuals to carry out scientific and technological research, development and application, and invest in the production of mineral resource-saving, energy-efficient and environment-friendly building materials.

2. Organizations and individuals carrying out scientific and technological research, development and application to, investing in, producing and using mineral resource-saving, energy-efficient and environment-friendly building materials are entitled to the State’s incentive policies and investment support under the law on investment, law on science and technology, and other relevant laws.

3. The Prime Minister shall provide a roadmap for restriction or elimination of establishments producing building materials with outdated, material- or energy-intensive and polluting technologies.

Article 6. Management of investment projects on construction of building material-producing works

1. The implementation of investment projects on construction of building material-producing works must comply with the law on investment, law on construction, and other relevant laws.

2. For investment projects on construction of building material-producing works which are subject to investment policy approval under the law on investment, in the course of appraisal for investment policy approval, the Ministry of Planning and Investment or the investment registration agency shall solicit opinions of a state management agency in charge of building materials before submitting the projects to a competent authority for investment policy approval, specifically as follows:

a/ The Ministry of Construction, for projects subject to investment policy approval by the Prime Minister; group-A projects; investment projects on construction of works producing new building materials or using new technologies; investment projects involving works of special grade or grade I which greatly affect the community safety or interests or are to be built in the administrative areas of 2 provinces or more;

b/ Provincial-level Departments of Construction of localities where projects are to be implemented, for the investment projects other than those specified at Point a of this Clause.

3. Contents put for solicitation of opinions:

a/ Evaluation of the conformity of sources of production materials of projects with the master plan on minerals used as building materials;

b/ Preliminary evaluation of socio-economic efficiency of projects based on criteria on material and energy consumption, environmental impacts; investment scale; and project implementation duration and schedule.

Chapter III

USE AND QUALITY MANAGEMENT OF BUILDING MATERIALS

Article 7. Use of building materials and building components in construction works

1. Building materials’ products and commodities and building components used in construction works must meet quality requirements, conform to relevant standards and technical regulations, and comply with designs and technical instructions (if any).

2. The Prime Minister shall provide roadmaps for use of non-baked building materials, resource-saving, energy-efficient and environment-friendly building materials, and home-made building materials for works using public investment funds or state capital other than public investment funds.

3. It is encouraged to use non-baked building materials, resource-saving, energy-efficient and environment-friendly building materials, and home-made building materials for construction works invested with other funding sources.

Article 8. Use of asbestos of serpentine group in production of building materials

1. It is only permitted to use asbestos of serpentine group with clear origin for the production of roofing sheets; it is encouraged to use assorted fibers in replacement of asbestos fibers in the production of roofing sheets.

2. Regarding the environment in production areas, it is required to ensure that the density of asbestos fibers of serpentine group does not exceed 0.1 fiber/ml of air on average in 8 hours and not exceed 0.5 fiber/ml of air on average in 1 hour.

3. To work out plans on handling of discarded products, dust and wastewater from the production process for reuse or treatment to ensure safety under regulations.

4. To comply with other requirements on occupational safety and health as well as environmental protection as prescribed.

5. The Prime Minister shall provide a roadmap for restricting the investment in or expansion of establishments producing asbestos roofing sheets.

Article 9. Management of the treatment and use of wastes in production of building materials

1. For owners of establishments discharging ashes, slag or plaster of thermo-electric power, fertilizer, chemical, or metallurgy plants and other industrial establishments:

a/ To observe the law on environmental protection and regulations of competent state agencies;

b/ To sort and treat ashes, slag or plaster up to relevant standards and technical regulations for use as materials for production of building materials and use in construction works;

c/ If incapable of sorting and treating ashes, slag or plaster by themselves, to hire fully capable units for sorting and treating ashes, slag and plaster up to relevant standards and technical regulations for use as building materials.

2. For establishments producing building materials that treat or use wastes as materials or fuels:

a/ Their production activities must comply with the law on construction and law on environmental protection;

b/ To ensure that produced products of building materials are conformable with relevant standards and technical regulations as well as health protection and environmental protection standards.

Article 10. Requirements on quality of building materials’ products and commodities and building components

1. The quality of building materials’ products and commodities and building components must comply with and conform to the law on product and goods quality and law on standards and technical regulations.

2. Home-made building materials’ products and commodities and building components which are marketed must conform to the declared standards. For building materials’ products and commodities for which no national standard is issued, their producers shall formulate and declare in-house standards in accordance with the law on standards and technical regulations.

3. For imported building materials’ products and commodities and building components, it is required to declare their applicable standards. For imported building materials’ products and commodities and building components which are managed under national technical regulations, the relevant national technical regulations shall apply.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 11. Responsibility for state management of building materials

1. The Government shall perform the unified state management of activities in the field of building materials nationwide.

2. The Ministry of Construction shall be answerable to the Government for performing the unified state management of activities in the field of building materials.

3. Other ministries and sectors shall, according to their assigned functions and tasks, coordinate with the Ministry of Construction in performing the state management of activities in the field of building materials.

4. Provincial-level People’s Committees shall perform the state management of activities in the field of building materials in their respective localities.

Article 12. Responsibilities of the Ministry of Construction

1. To formulate and submit to competent authorities for promulgation legal documents and policies on building materials and promulgate legal documents according to its competence defined in relevant laws and decrees; to formulate, appraise and submit for approval strategies on development of building materials, and programs and schemes on development of resource-saving, energy-efficient and environment-friendly building materials; to guide and organize the implementation of legal documents, strategies, programs and schemes already approved by competent authorities.

2. To propose or report to the Prime Minister to encourage or restrict the development, production, use, export and import of building materials; to promulgate regulations on technical norms and guide the export of assorted minerals for use as building materials in accordance with law.

3. To give opinions on investment projects on construction of works producing building materials as specified in Article 6 of this Decree.

4. To perform other tasks in the field of building materials as defined in this Decree and relevant legal documents.

Article 13. Responsibilities of ministries and ministerial-level agencies

1. To formulate and submit to competent authorities for promulgation or to promulgate according to their competence specific policies on development of building materials according to domains assigned to them for management.

2. To coordinate with the Ministry of Construction in performing the state management of the field of building materials.

Article 14. Responsibilities of provincial-level People’s Committees

1. To organize the implementation of legal documents and performance of tasks of state management of building materials in their localities according to their competence.

2. To manage the quality of building materials’ products and commodities in their localities in accordance with law.

3. To monitor, make statistics on, and sum up activities in the field of building materials in their localities; to report periodically or extraordinarily to the Ministry of Construction under regulations.

3. To propagandize, disseminate and guide laws, and provide information on activities in the field of building materials in their localities.

5. To organize examination and inspection and handle violations in the field of building materials in their localities.

6. To perform other tasks concerning management of building materials in accordance with law.

Article 15. Transitional provisions

For investment projects on construction of works producing building materials with investment policy approved before the effective date of this Decree, it is not required to solicit opinions of state management agencies in charge of building materials as specified in Article 6 of this Decree; projects with investment policy not yet approved must comply with this Decree.

Article 16. Effect

1. This Decree takes effect on the date of its signing and replaces the Government’s Decree No. 24a/2016/ND-CP of April 5, 2016, on management of building materials, and the Government’s Decree No. 95/2019/ND-CP of December 16, 2019, amending and supplementing a number of articles of the Government’s Decree No. 24a/2016/ND-CP of April 5, 2016, on management of building materials.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC