Decree 209/2026/ND-CP management of building materials under Law on Construction

DECREE

 Detailing a number of articles and measures for implementation of the Law on Construction on management of building materials

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Construction No. 135/2025/QH15;

At the proposal of the Minister of Construction;

The Government promulgates the Decree detailing a number of articles and measures for the implementation of the Law on Construction on management of building materials.

Chapter I

GENERAL REGULATIONS

Article 1. Scope of regulation

1. This Decree details the Law on Construction No. 135/2025/QH15 in:

a) Article 8 on development, production and use of building materials and building components in construction works; quality management of building material products and goods;

b) Clause 4, Article 11 on mechanisms and policies to encourage and incentivize the research, investment in development and use of new building materials, recycled materials, green materials, light materials, smart materials, environmentally friendly materials, materials suitable for coastal areas and islands.

2. This Decree stipulates a number of measures to implement the Law on Construction No. 135/2025/QH15 on state management of the development of building materials, the use of minerals as building materials, the use of asbestos and waste in the production of building materials.

Article 2. Subjects of application

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

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; including: Major building materials, common construction materials, metal building materials and building materials not directly produced from minerals.

2. Building components means building materials’ products which are manufactured for fabrication into building structures.

3. New building materials are building materials with new technical features, production technologies or scope of application; which are researched, developed, produced, used, and meet safety, quality and environmental requirements in accordance with law.

4. Recycled materials are building materials produced from raw materials recovered or recycled from waste, scrap, by-products, post-use materials or materials recovered from the demolition of works; meeting the requirements of safety, quality and environment as prescribed by law.

5. Green materials are building materials with low environmental impact throughout the entire life cycle (from raw material exploitation, production, transportation, use to recovery and treatment); saving energy and resources; limiting greenhouse gas emissions; meeting the requirements of safety, quality and environment as prescribed by law.

6. Lightweight materials are building materials with a volume smaller than traditional materials with the same use, contributing to reducing the load of the construction, facilitating construction, transportation and efficient use of energy and resources; meeting the requirements of safety, quality and environment as prescribed by law.

7. Smart materials are building materials that are able to automatically respond or improve the efficiency of the project when the environment or working conditions change (temperature, humidity, light intensity, load,...); meeting the requirements of safety, quality and environment as prescribed by law.

8. Environment-friendly building materials are building materials whose components, processes of production, use and disposal meet environmental protection requirements; limiting pollution; not containing hazardous ingredients in excess of the permitted threshold; capable of reuse and recycling; meeting the requirements of safety, quality and environment as prescribed by law.

9. Building materials suitable for coastal and island areas are those with durability, resistance to corrosion and deterioration caused by the marine environment (salt spray, high humidity, storms, salinity intrusion), and adapted to specific conditions of exploitation and transportation; appropriate to the local climate and requirements for climate change adaptation in coastal and island regions; meeting the requirements of safety, quality, and environmental standards as prescribed by law.

10. Non-fired building materials are building materials produced by technology that does not undergo high-temperature firing process, including: Concrete bricks, autoclaved aerated concrete, foam concrete, panel sheets, panel walls, precast concrete components and other products that meet safety requirements, quality and environment as prescribed by law.

Chapter II

DEVELOPMENT OF BUILDING MATERIALS

Article 4. Strategy on development of building materials

1. The strategy on development of building materials is the basis for state agencies to manage and administer the development of building materials, formulate contents related to building materials in the national master plan, sector master plans, regional master plan and provincial master plans; at the same time, it serves as a basis for organizations and individuals to orient investment, production and use of building materials to ensure efficiency and sustainability, environmental protection, rational use of resources, and meets the demand for domestic and export building materials.

2. The period of formulation of the strategy for the development of building materials is 10 years, with a vision of 30 years. The strategy is reviewed and adjusted every 05 years (or irregularly as required) to ensure the balance of supply and demand, market stability, in line with the goals of socio-economic development, national defense, security and climate change.

Article 5. Contents of the strategy on development of building materials

1. Assessment of the roles, positions, opportunities and challenges of the building materials industry; Domestic and international market context.

2. Assessment of the current status of investment, production, consumption, technology, raw materials - fuels, energy and environment.

3. Assessment of potentials and resources for development of building materials.

4. Forecast of supply and demand of building materials.

5. Viewpoints and objectives.

6. Orientation of technological innovation, saving resources and energy; roadmap to eliminate outdated technology.

7. The orientation for developing new building materials, recycled materials, green materials, lightweight materials, smart materials, environmentally friendly building materials, and materials suitable for coastal and island areas.

8. Solution and implementation organization.

9. Strategic environmental assessment in accordance with the law on environmental protection.

Article 6. Formulation and approval of building materials development strategy

1. The Ministry of Construction shall assume the prime responsibility for, and coordinate with relevant ministries, branches, agencies and localities in, formulating, adjusting and submitting to the Prime Minister for approval the strategy for development of building materials.

2. The funds for formulation and implementation of the strategy for development of building materials shall be allocated from the state budget in accordance with law.

Article 7. Building Materials Development Plan

1. Provincial-level People's Committees shall organize the formulation, adjustment and approval of plans on development of building materials in their localities.

2. The building material development plan includes the contents of concretizing the building material development strategy, which is the basis for local competent state agencies to manage the development of building materials, formulate plans for protection, exploitation and use of minerals as building materials in the provincial master plan; at the same time, it serves as a basis for organizations and individuals to orient investment, production and use of building materials, ensure efficiency, sustainability, environmental protection, rational use of resources, meet the demand for domestic and export building materials.

3. The plan on development of building materials in the locality must be consistent with the strategy on development of building materials, provincial master plans and relevant sector master plans.

4. The plan on development of building materials shall be formulated for a period of 05 years, with a 10-year orientation and approved before March 31 of the first year of the plan period. The plan on development of building materials is reviewed and adjusted to ensure the balance of supply and demand, market stability, in line with the goals of socio-economic development, national defense, security and climate change of the locality.

Article 8. Contents of the building material development plan

1. Assessment of the current status of investment, production and consumption of building materials; the current status of using mineral resources as building materials in the area and the ability to respond.

2. Plans on the development of building materials, including:

a) Forecast of supply and demand for building materials; capacity to meet the demand of building materials for key projects and major works;

b) Investment plan for the development of building material production establishment;

c) Application of science and technology, innovation and digital transformation in the research and development of new technologies and new products;

d) Capacity to meet the demand for raw materials, fuels, and energy;

dd) Environmental impacts and measures to mitigate negative effects.

3. Solution and implementation organization.

Article 9. Formulation and approval of building material development plans

1. Local specialized construction agencies shall assume the prime responsibility for, and coordinate with relevant departments and branches in, formulating, adjusting and submitting to provincial-level People's Committee presidents for approving the plans on development of building materials in their localities.

2. Based on the actual conditions of the locality, the provincial-level People's Committee shall decide to formulate a separate plan on development of building materials or integrate it into the contents of the local socio-economic development plan to ensure economy and efficiency.

3. Within 15 days from the date of approval, the provincial-level People's Committee shall publicize the building material development plan on the local web portal and send it to the Ministry of Construction for monitoring and synthesis.

4. Funds for formulation, adjustment and implementation of building material development plans shall be allocated from local budgets in accordance with law.

Article 10. Use of minerals as building materials

1. The exploitation, processing, use and export of minerals as building materials shall comply with the provisions of the law on geology and minerals and other relevant laws.

2. The planning, exploitation, processing and use of minerals as building materials must be economical, efficient and for the right purposes, meeting the needs of development and production of building materials; ensuring the balance of supply and demand, stabilizing the construction material market. It is encouraged to innovate technology, deep process, improve mineral value, reduce resource loss, associated with environmental protection and sustainable development.

3. It is encouraged to use soil, waste rock and waste generated in mineral exploitation and processing activities as building materials for the production of building materials or use in construction works. The use of waste land, waste rock and waste must be classified, assessed for quality, safety and must meet the requirements of environmental protection, standards, technical regulations and quality of products and goods in accordance with law.

Article 11. Use of white asbestos in the production of building materials

1. The use of white asbestos of serpentine group in the production of building materials must comply with the provisions of the law on occupational safety and hygiene, environmental protection and other relevant laws.

2. Organizations and individuals using white asbestos of serpentine group in the production of building materials shall be responsible for ensuring the control of asbestos dust in the production process; monitoring the working environment; occupational health examination for employees who are directly exposed to white asbestos; equipping personal protective equipment, training in occupational safety and hygiene; waste collection, transportation and treatment in accordance with law.

3. Roofing material producers are encouraged to implement modern technology and replace white asbestos with alternative fibers.

Article 12. Policies on encouragement and incentives for research, investment in development, production, and use of building materials

1. The State shall adopt mechanisms and policies to encourage and provide incentives for activities related to research, investment in development and use of new building materials, recycled materials, green materials, light materials, smart materials, environmentally friendly building materials, materials suitable for coastal and island areas, to ensure sustainable development and protect national defense and security.

2. Organizations and individuals conducting research, investment in development and use of building materials specified in Clause 1 of this Article may be considered for application of preferential mechanisms and policies on credit and access to lawful capital sources in accordance with the law on credit institutions, law on environmental protection; interest rate support and other forms of support in accordance with the law on science, technology and innovation, the law on the state budget, the law on public investment; land incentives and supports in accordance with the land law, the law on investment and other preferential mechanisms and policies in accordance with relevant laws.

Chapter III

USE AND QUALITY MANAGEMENT OF BUILDING MATERIALS

Article 13. 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) and requirements on safety and environmental protection as prescribed by law.

2. In the process of formulation, appraisal and approval of projects, construction designs, investment decisions, bidding organizations, investors, specialized construction agencies and investment deciders shall give priority to the use of new building materials, recycled materials, green materials, etc lightweight materials, smart materials, environmentally friendly building materials, on-site building materials, domestic building materials’ products and commodities, with a high localization rate on the basis of conformity with the nature of the work and technical requirements, economic-technical efficiency, life cycle costs, supply schedule, environmental protection requirements, technical regulations, applicable standards and provisions of law on bidding, public investment, competition and international treaties to which Vietnam is a contracting party.

Article 14. Quality of building materials’ products and commodities

1. The quality of building materials’ products and commodities and building components must comply with the provisions of law on product and goods quality, as well as laws on standards and technical regulations. The classification of building materials’ products and commodities according to risk levels and the issuance of corresponding lists shall be carried out in accordance with the provisions of law on product and goods quality.

2. Domestic building materials’ products and commodities and building components must meet the published standards before being placed on the market. For products with medium or high-risk levels, organizations and individuals engaged in production must declare conformity with the corresponding technical regulations. For materials’ products and commodities without national standards, manufacturers are required to develop and publish their own internal standards in accordance with the law on standards and technical regulations.

3. Imported building materials’ products and commodities and building components must declare the applied standards and comply with the corresponding national technical regulations; declare conformity for imported goods with medium risk levels; and register for state inspection for goods with high risk levels in accordance with the provisions of law.

Article 15. Use of waste in the production of building materials and construction works

1. It is encouraged to use waste meets the requirements prescribed by law as raw materials for the production of building materials and used in construction works in order to save resources, protect the environment and promote the circular economy.

2. Waste used as raw materials in the production of building materials and used in construction works must be classified, treated and quality controlled; must meet technical regulations and applicable standards and ensure requirements on safety and environmental protection as prescribed by law.

3. Building material production establishments, investors, contractors and relevant organizations and individuals that use waste as raw materials for production of building materials and use in construction works shall keep dossiers and documents on origin, volume, quality, purpose of use of waste, test results, results of conformity assessment in accordance with the law on standards and technical regulations, the law on product and goods quality, the law on environmental protection, the law on construction and other relevant laws.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 16. 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 the focal point to assist the Government in the unified state management of building materials; within the scope of their assigned functions, tasks and powers:

a) To submit to the Government, the Prime Minister for promulgation or promulgate according to its competence legal documents, mechanisms and policies on management and development of building materials; guiding and organizing the implementation;

b) To organize the implementation of the strategy for development of building materials; monitor and synthesize the development of building materials, the supply and demand situation of building materials, sources of raw materials and substitute materials nationwide; building, managing and exploiting the database on building materials; research and promote science, technology, innovation and digital transformation in the field of building materials according to their assigned functions, tasks and powers;

c) To formulate and promulgate according to its competence standards, technical regulations, lists of construction material products and goods according to the level of risk and regulations on quality management of building materials’ products and commodities;

d) To organize the inspection and handling of violations, settle complaints and denunciations in the field of building materials in accordance with law.

3. Ministries and ministerial-level agencies shall, within the scope of their assigned functions, tasks and powers, coordinate with the Ministry of Construction in organizing the implementation of this Decree; to guide the contents of the relevant specialized management domains in accordance with law.

4. Provincial-level People's Committees, within the scope of their assigned functions, tasks and powers, shall have the:

a) To organize the implementation of legal documents and tasks of state management of building materials in their localities according to their competence;

b) To formulate, approve, announce and implement local plans on development of building materials;

c) To manage the quality of building materials’ products and commodities in their localities in accordance with law;

d) To monitor, make statistics and sum up activities in the field of building materials in the locality; update and report periodically or irregularly to the Ministry of Construction on the situation of production, consumption, supply and price of building materials in the area;

dd) To propagandize, disseminate and guide laws and provide information on activities in the field of building materials in their localities;

e) To organize examinations and inspection and handle violations in the field of building materials in their localities.

Article 17. Transitional provisions

1. Strategies, plans, programs and schemes on development of building materials approved by competent state agencies before the effective date of this Decree shall continue to be implemented until the end of their duration or until they are replaced or adjusted according to the approval decisions of competent state agencies.

2. Building material production establishments that are currently operating, investment projects on construction of works producing building materials with investment policy approved before or granted by competent state authorities before the effective date of this Decree, shall continue to be implemented in accordance with the approved legal documents. Applications submitted before the effective date of this Decree but still under review and resolution shall continue to be processed in accordance with the laws at the time of submission until a decision is issued by the competent authority.

Article 18. Effect

1. This Decree takes effect from July 1, 2026.

2. The Government's Decree No. 09/2021/ND-CP dated February 09, 2021 on management of building materials shall cease to be effective from the effective date of this Decree.

3. To annul Article 14 of the Government's Decree No. 144/2025/ND-CP dated June 12, 2025 regulating decentralization and delegation of powers in the field of state management of the Ministry of Construction.

Article 19. Implementation responsibilities

1. The Minister of Construction shall guide and organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, presidents of People's Committees of provinces and centrally-run cities and relevant organizations and individuals shall be responsible for the implementation of this Decree.