Decree No. 24a/2016/ND-CP dated April 05, 2016 of the Government on building material management

DECREE

On management of building materials[1]

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

Pursuant to the June 18, 2014 Law on Construction;

Pursuant to the November 17, 2010 Law on Minerals;

Pursuant to the November 26, 2014 Law on Investment;

Pursuant to the June 23, 2014 Law on Environment Protection;

At the proposal of the Minister of Construction,

The Government promulgates the Decree on management of building materials.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes building material-related activities including planning for building materials development, planning for minerals for use as building materials; investment in and production of building materials; quality management of and trading in building materials; and policies on development of mineral- and energy-saving and environment-friendly building materials. Particularly for metal and non-mineral building materials, this Decree only regulates their quality management and trading.

Article 2. Subjects of application

This Decree applies to state management agencies in charge of and organizations and individuals carrying out building material-related activities in the territory of Vietnam.

Article 3. Interpretation of terms

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

1. Building materials are products of organic or inorganic origin used to build construction works, excluding electrical and technological equipment.

2. Key building materials are types of building materials that are managed and planned nationwide, including cement, tiling materials, sanitary ceramic, construction glass, lime and fire-proof materials.

3. Tiling materials are building materials used for tiling construction works.

4. Sanitary ceramic is products of ceramic origin used for installation of sanitary works, laboratories and other special-use facilities.

5. Mineral- and energy-saving and environment-friendly building materials include unbaked building materials, materials produced from use of waste as raw material or fuel, and building materials that excel other materials of the same type in saving energy.

6. Minerals for use as key building materials include stone for use as stone slab, stone for use for lime production, silica white sand, kaolin, white clay, feldspar, fire-resistant clay, dolomite, bentonite and other types of minerals used for cement production (including stone and clay for use for production of cement and cement additives), which are planned nationwide.

7. Minerals for use as ordinary building materials are minerals prescribed in Clause 1, Article 64 of the Law on Minerals.

Article 4. State management of building materials

1. Contents of state administration of building materials:

a/ Promulgating, and guiding the implementation of, legal documents on building materials; and regulations on promotion or restriction of investment in, production of, trading in, use, import and export of building materials and minerals for use as building materials;

b/ Organizing formulation, appraisal, approval and management of the implementation of master plans on building materials development and master plans on minerals for use as building materials;

c/ Promulgating national technical regulations for building material products and goods;

d/ Performing quality management of building material products and goods;

dd/ Conducting appraisal and assessment of production technology and building material quality; and processing technology and quality of minerals for use as building materials;

e/ Conducting inspection and handling violations related to building materials;

2. Assignment and decentralization of state management of building materials:

a/ The Government shall perform unified state management of building material-related activities;

b/ The Ministry of Construction shall take responsibility to the Government for performing unified state management of building material-related activities;

c/ Other ministries and sectors shall, according to their assigned functions and tasks,  coordinate with the Ministry of Construction in performing the state management of building material-related activities;

d/ People’s Committees of provinces and centrally run cities shall perform the state management of building material-related activities in their localities.

Chapter II

MASTER PLANS ON BUILDING MATERIALS DEVELOPMENT, MASTER PLANS ON MINERALS FOR USE AS BUILDING MATERIALS

Section 1

MASTER PLANS ON BUILDING MATERIALS DEVELOPMENT

Article 5. Classification of master plans on building materials development

Master plans on building materials development include:

1. Vietnam’s master plan on building materials development;

2. Master plan on development of key building materials, formulated on a national scale;

3. Local master plan on building materials development, formulated on a provincial scale.

Article 6. Period of planning for building materials development

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

2. Adjustment of master plans on building materials development:

a/ Master plans on building materials development shall be reviewed and adjusted generally every five years; particularly for the master plans on development of key building materials, they may be extraordinarily reviewed and adjusted in part to ensure supply-demand balance and market stabilization nationwide;

b/ Adjustments made to master plans on building materials development shall be based on results of review and evaluation of the implementation of these master plans in each period; adjustments shall be made only to contents that are no longer suitable to current socio-economic development or to ensure supply-demand balance and market stabilization nationwide.

Article 7. Bases for planning for building materials development

1. Bases for formulating Vietnam’s master plan on building materials development:

a/ National socio-economic development strategy and master plan;

b/ Findings from baseline geological surveys on minerals and other data on minerals for use as building materials;

c/ Workforce and technological capabilities;

d/ Markets and competitive advantages.

2. Based for formulating a master plan on development of key building materials:

a/ National socio-economic development strategy and master plan;

b/ Vietnam’s master plan on building materials development;

c/ Findings from baseline geological surveys on minerals and other data on minerals for use as key building materials;

d/ Workforce and technological capabilities;

dd/ Documents on market survey and competitive advantages in the country, the region and the world for key building materials.

3. Bases for formulating a local master plan on building materials development:

a/ Local socio-economic development strategy and master plan;

b/ Vietnam’s master plan for building materials development; master plan on development of key building materials; and master plans on construction and land use;

c/ Local potential in mineral resources for use as building materials;

d/ Workforce and technological capabilities;

dd/ Market and competitive advantages.

Article 8. Order of formulation, appraisal and approval of master plans on building materials development

1. Registering, making a funding plan and preparing an outline for submission to competent authorities for approval;

2. Formulating a master plan in the following steps:

a/ Summarizing findings from investigation, analysis and assessment of mineral resources; factors, resources and conditions for development and their impacts on the planning for building material development;

b/ Analyzing and assessing current conditions of production, calculating supply-demand balance;

c/ Writing reports and related documents;

d/ Collecting opinions from related ministries, ministerial-level agencies and provincial-level People’s Committees; finalizing documents of the master plan;

dd/ Submitting the master plan to competent authorities for appraisal and approval.

Article 9. Contents of master plans on building materials development

1. Vietnam’s master plan on building materials development must include:

a/ The position and role of the building materials industry in the national economy;

b/ The national targets and views on building materials development;

c/ The country’s current conditions of building materials development: distribution of production facilities; structures, types and quality of products; technological level, investment, workforce, production organization; competitiveness;

d/ The country’s current conditions of mineral resources for use as building materials;

dd/ Forecasts about domestic, regional and global building materials markets; forecasts about import and export of building materials;

e/ The country’s potential and advantages for building materials development;

g/ Major economic-technical norms for structures, types and quality of products, technologies, investment; plans on exploitation and conservation of minerals for use as building materials;

h/ Orientations for building materials development in each period;

i/ Solutions on mechanisms, policies and plans for master plan implementation;

k/ Strategic environmental assessment for each period;

l/ Responsibilities of ministries, sectors and localities for master plan implementation.

2. A master plan on development of key building materials must include:

a/ Targets and views 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, investment, workforce, production organization; competitiveness;

c/ The country’s current conditions of mineral resources for use as key building materials;

d/ Forecasts about domestic, regional and global markets of key building materials; forecasts about import and export of key building materials;

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

e/ Major economic-technical norms for output and quality of products; raw material, fuel and energy consumption; plans for exploitation and conservation of minerals for use as key building materials;

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

h/ Selected technological solutions; tentative list of investment projects; plan on distribution of investment, scale and schedule of investment;

i/ Solutions on mechanisms, policies and plans for master plan implementation;

k/ Strategic environmental assessment for each period;

l/ Responsibilities of ministries, sectors and localities for master plan implementation.

3. A local master plan on building materials development must include:

a/ The position and role of building materials development for local socio-economic development;

b/ The locality’s targets and views on building materials development;

c/ The locality’s current conditions of building materials development: distribution of production facilities; structures, types and quality of products; technological level, investment, workforce, production organization; competitiveness;

d/ The locality’s current conditions of mineral resources for use as building materials;

dd/ Forecasts about local demand for building materials;

e/ Potential and advantages for building materials development in the locality;

g/ Updates on figures and norms of Vietnam’s master plan on building materials development and master plan on development of key building materials;

h/ Major economic-technical norms for structures, types and quality of products, technologies, investment; plan on exploitation and conservation of minerals for use as building materials in the locality;

i/ Local demands for capital and workforce, measures to ensure supply-demand balance for building materials in the locality;

k/ Tentative list of investment projects, distribution of investment, scale and schedule of investment;

l/ Roadmap for removal of existing obsolete production facilities in the locality;

m/ Solutions on mechanisms, policies and plans for master plan implementation.

Article 10. Dossiers of building materials development master plans

1. A dossier of a building materials development master plan submitted for appraisal must comprise:

a/ A main report on the master plan stating legal bases and explanations together with maps and annexes;

b/ A summary report on the master plan;

c/ Relevant documents;

d/ A summarization report on acceptance of and explanation to opinions of related ministries, ministerial-level agencies and provincial-level People’s Committees;

dd/ The strategic environmental assessment report;

e/ A draft report presenting the master plan and draft decision approving the master plan.

2. A dossier of a building material development master plan submitted for approval must comprise:

a/ The dossier submitted for appraisal as prescribed in Clause 1 of  this Article;

b/ The document on appraisal of the master plan;

c/ The acceptance and explanation report based on the appraisal document;

d/ A draft report presenting the master plan and draft decision approving the master plan;

3. Dossiers of building materials development master plans shall be archived and preserved under regulations.

Article 11. Responsibility to formulate building materials development master plans

1. The Ministry of Construction shall organize formulation of:

a/ Vietnam’s master plan on building materials development;

b/ Master plan on development of key building materials.

2. Provincial-level People’s Committees shall organize formulation of local master plans on building materials development; provincial-level Construction Departments shall assume the prime responsibility for, and assist provincial-level People’s Committees in, formulating local master plans on building materials development.

3. Agencies that organize formulation of master plans on building materials development may select qualified consultants for the formulation of master plans under regulations.

Article 12. Appraisal of master plans on building materials development

1. Competence to appraisal master plans on building materials development:

a/ The Ministry of Construction shall organize appraisal of Vietnam’s master plan on building materials development and master plan on development of key building materials;

b/ Provincial-level People’s Committees shall organize appraisal of local master plans on building materials development.

2. Agencies that organize appraisal of master plans on building materials development shall form an appraisal council.

3. Composition of an appraisal council:

a/ For Vietnam’s master plan on building materials development and master plan on development of key building materials, an appraisal council shall be composed of representatives from the Ministry of Construction, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Natural Resources and Environment, the Ministry of Industry and Trade and related ministries, ministerial-level agencies and provincial-level People’s Committees, and qualified and experienced experts in building materials;

b/ For a local master plan on development of key building materials, an appraisal council shall be composed of representatives from the provincial-level People’s Committee and  Construction, Planning and Investment, Finance, Natural Resources and Environment, and Industry and Trade Departments and other related departments, sectors and agencies, and qualified and experienced experts in building materials.

Article 13. Content of appraisal of master plans on building materials development

1. Appraisal of Vietnam’s master plan on building materials development must cover:

a/ Legal bases for formulation of the master plan;

b/ Scientific foundations, reliability of information, figures and documents used for formulation of the master plan;

c/ Conformity of the master plan with the national socio-economic development strategy, consistency with other relevant sectoral master plans;

d/ Conformity with the national targets, views and orientations on building materials development in each period; major economic-technical norms; plan on reasonable arrangement of resources;

dd/ Solutions to the master plan implementation, feasibility of the master plan and measures to manage the master plan implementation;

e/ Conformity of the master plan with the environmental protection strategy.

2. Appraisal of a master plan on development of key building materials must cover:

a/ Legal bases for formulation of the master plan;

b/ Scientific foundations, reliability of information, figures and documents used for formulation of the master plan;

c/ Conformity of the master plan with the national socio-economic development strategy, consistency with Vietnam’s master plan on building materials development and other relevant sectoral master plans;

d/ Conformity with the national targets, views and orientations on development of key building materials in each period; major economic-technical norms; plan on reasonable arrangement of resources;

dd/ Suitability of calculations of supply-demand balance for key building materials over periods;

e/ Feasibility of technological solutions, tentative list of investment projects; plan on distribution of investments, scale and schedule of investment;

g/ Solutions to the master plan implementation, feasibility of the master plan and measures to manage the master plan implementation;

h/ Conformity of the master plan with the environment protection strategy.

3. Appraisal of a local master plan on building materials development must cover:

a/ Legal bases for formulation of the master plan;

b/ Scientific foundations, reliability of information, figures and documents used for formulation of the master plan;

c/ Conformity of the master plan with the local socio-economic development strategy, consistency with Vietnam’s master plan on of building materials development, and master plan on development of key building materials and other sectoral development master plans;

d/ Conformity with the local targets, views and orientations on building materials development in each period; major economic-technical norms; and plan on reasonable arrangement of resources;

dd/ Solutions to master plan implementation, feasibility of the master plan and measures to manage the master plan implementation;

e/ Conformity of the master plan with the environmental protection strategy.

Article 14. Competence to approve building materials development master plans

1. Competence to approve:

a/ The Prime Minister shall approve Vietnam’s master plan on building materials development; and master plan on cement development;

b/ The Minister of Construction shall approve master plans on development of key building materials, except master plan on cement development;

c/ Provincial-level People’s Committee chairpersons shall approve local master plans on building materials development.

Agencies competent to approve master plans on building materials development are competent to adjust these master plans.

Article 15. Public announcement of building materials development master plans

1. The Ministry of Construction shall make public Vietnam’s master plan on building materials development and master plans on development of key building materials on its website.

2. Provincial-level People’s Committees shall make public local building materials development master plans on the websites of their own and their respective provincial-level Construction Departments.

3. Within 30 days after the building materials development master plan is approved by competent state agencies, the agency that organizes formulation of the master plan shall making public the master plan.

Section 2

MASTER PLANS ON MINERALS FOR USE AS BUILDING MATERIALS

Article 16. Classification of master plans on minerals for use as building materials

Master plans on minerals for use as building materials include:

1. Master plan on survey, extraction and use of minerals as cement;

2. Master plan on survey, extraction and use of mineral as key building materials excluding minerals for use as cement (below referred to as master plan on survey, extraction and use of minerals as key building materials).

3. Master plan on survey, extraction and use of minerals as ordinary building materials of provinces and centrally run cities (below referred to as master plan on survey, extraction and use of minerals as ordinary building materials).

Article 17. Periods of planning for minerals for use as building materials

1. The period of planning for minerals for use as building materials is 5 years with a 10-year vision.

2. Making adjustments to master plans on minerals for use as building materials must comply with Article 14 of the 2010 Law on Minerals.

Article 18. Bases for formulating master plans on minerals for use as building materials

1. Bases for formulating a master plan on survey, extraction and use of minerals as cement:

a/ Strategy and plan on socio-economic development, national defense and security, regional master plan, mineral strategy, Vietnam’s master plan on building materials development, and master plan on development of key building materials;

b/ Demand for minerals used for cement production and use in the whole country;

c/ Scientific and technological advances in the survey, extraction and use of minerals as cement;

d/ Result of implementation of the master plan on minerals for use as cement in the previous period; result of strategic environmental assessment.

2. Bases for formulating a master plan on survey, extraction and use of minerals as key building materials:

a/ Strategy and plan for socio-economic development, national defense and security, regional master plan, mineral strategy, Vietnam’s master plan on building materials development, and master plan on development of key building materials;

b/ Demand for minerals used for production and use of key building materials in the whole country;

c/ Scientific and technological advances in the survey, extraction and use of minerals as key building materials;

d/ Results of implementation of the master plan on minerals for use as key building materials in the previous period; results of strategic environmental assessment;

3. Bases for formulating a master plan on survey, extraction and use of minerals as ordinary building materials:

a/ Master plans on survey, extraction and use of mineral as cement and minerals as key building materials; local master plan on building materials development;

b/ Demand for minerals for use as ordinary building materials for processing and use in the locality;

c/ Scientific and technological advances in the survey, extraction and use of minerals as ordinary building materials;

d/ Results of implementation of the master plan on minerals for use as ordinary building materials in the previous period; results of strategic environmental assessment.

Article 19. Order of formulation, appraisal and approval of master plans on minerals for use as building materials

1. Registering, drawing up a funding plan and submitting an outline to competent authorities for approval.

2. Formulating the master plan as follows:

a/ Summarizing findings from the baseline geological survey on minerals, analysis and assessment of mineral resources for use as building materials;

b/ Writing reports and relevant documents;

c/ Collecting opinions from related ministries, ministerial-level agencies and provincial-level People’s Committees; finalizing the dossier of the master plan;

d/ Submitting the master plan to competent authorities for appraisal and approval.

Article 20. Contents of master plans on minerals for use as building materials

1. A master plan on survey, extraction and use of minerals as cement must include:

a/ Investigation, research, summarization and assessment of the survey, extraction and use of minerals as cement;

b/ Evaluation of the implementation of the previous period’s master plan;

c/ Determination of demands for minerals for use as cement and capability of satisfaction of the demands in the planning period;

d/ Zoning off of areas of minerals for use as cement for investment and extraction and determination of extraction schedule. Areas of minerals for use as cement shall be marked by straight lines connecting angle points shown on a topographic map of the national coordinate system on an appropriate scale;

dd/ Determination of the scale and capacity of extraction, requirements on technologies for extraction of minerals for use as cement;

e/ Solutions for and schedule of master plan implementation;

g/ Strategic environmental assessment for each period.

2. A master plan on survey, extraction and use of minerals as key building materials must include:

a/ Investigation, research, summarization and assessment of the survey, extraction and use of minerals as key building materials;

b/ Evaluation of the implementation of the previous period’s master plan;

c/ Determination of demands for minerals as key building materials and capability of satisfaction of the demands in the planning period;

d/ Zoning of areas of minerals for use as key building materials for investment and extraction. Areas of minerals for use as key building materials shall be marked by straight lines connecting angle points shown on a topographic map of national coordinate system on an appropriate scale;

dd/ Determination of the scale and capacity of extraction, requirements on technologies for extraction of minerals for use as key building materials;

e/ Solutions for and schedule of master plan implementation;

g/ Strategic environmental assessment for each period.

3. A master plan on survey, extraction and use of minerals as ordinary building materials must include:

a/ Investigation, research, summarization and assessment of the survey, extraction and use of minerals as ordinary building materials in the locality;

b/ Evaluation of the implementation of the previous period’s master plan;

c/ Determination of local demands for minerals for use as ordinary building materials and capability of satisfaction of the demands in the planning period;

d/ Zoning of areas of minerals for use as ordinary building materials, including scattered areas of minerals already zoned for investment and extraction by the Ministry of Natural Resources and Environment, and the investment schedule. Areas of minerals for use as ordinary building materials shall be marked by straight lines connecting angle points shown on a topographic map of national coordinate system on an appropriate scale;

dd/ Determination of the scale and capacity of extraction, requirements on technologies for extraction of minerals for use as ordinary building materials in the locality;

e/ Solutions for and schedule of master plan implementation;

g/ Strategic environmental assessment for each period.

Article 21. Dossier of master plan on minerals for use as building materials

1. A dossier of the master plan on minerals for use as building materials to be submitted for appraisal must comprise:

a/ A main report on the master plan specifying legal bases and explanations together with maps and annexes;

b/ A summary report on the master plan;

c/ Relevant documents;

d/ The summarization report on acceptance of and explanation to opinions from related ministries, ministerial-level agencies and provincial-level People’s Committees;

dd/ The strategic environmental assessment report;

e/ The draft report presenting the master plan and draft decision approving the master plan.

2. A dossier of the master plan on minerals for use as building materials to be submitted for approval must comprise:

a/ The dossier submitted for appraisal as prescribed in Clause 1 of this Article;

b/ The master plan appraisal document;

c/ A report on acceptance of and explanation to opinions based on the master plan appraisal document;

d/ The draft report presenting the master plan and draft decision approving the master plan.

3. Dossiers of master plans on minerals for use as building materials shall be archived and preserved under regulations.

Article 22. Responsibility to formulate master plans on minerals for use as building materials

1. The Ministry of Construction shall organize formulation of:

a/ Master plan on survey, extraction and use of minerals for use as cement;

b/ Master plan on survey, extraction and use of minerals for use as key building materials.

2. Provincial-level People’s Committees shall organize formulation of master plans on survey, extraction and use of minerals for use as ordinary building materials; provincial-level Construction Departments shall assume the prime responsibility for and assist provincial-level People’s Committees in organizing formulation of these master plans.

3. Agencies that organize formulation of master plans on survey, extraction and use of minerals for use as building materials may select qualified consultants to formulate the master plans under regulations.

Article 23. Appraisal of master plans on minerals for use as building materials

1. Competence to appraise master plans on minerals for use as building materials:

a/ The Ministry of Construction shall appraise the master plan on survey, extraction and use of minerals as cement and master plan on survey, extraction and use of mineral as key building materials;

b/ Provincial-level People’s Committees shall appraise the master plan on survey, extraction and use of minerals as ordinary building materials.

2. Agencies that organize appraisal of master plans on minerals for use as building materials shall form an appraisal council.

3. Composition of an appraisal council:

a/ For a master plan on survey, extraction and use of materials as cement and master plan on survey, extraction and use of minerals as key building materials, an appraisal council must be composed of representatives from the Ministry of Construction, Ministry of Natural Resources and Environment, Ministry of Industry and Trade, Ministry of Agriculture and Rural Development and other related ministries, ministerial-level agencies and provincial-level People’s Committees, and qualified and experienced experts in minerals for use as building materials;

b/ For a master plan on materials for use as ordinary building materials, an appraisal council must be composed of representatives from the provincial-level People’s Committee; the provincial-level Departments of Construction; Natural Resources and Environment; and Agriculture and Rural Development, and other related departments, sectors and agencies; and qualified and experienced experts in minerals for use as building materials.

Article 24. Content of appraisal of master plans on minerals for use as building materials

1. Appraisal of a master plan on survey, extraction and use of minerals as cement must cover:

a/ Legal bases for formulation of the master plan;

b/ Scientific foundations, reliability of information, figures and documents used for the formulation of the master plan;

c/ Conformity of the master plan with the national socio-economic development strategy, the strategy for minerals; consistency with Vietnam’s master plan on building materials development, master plan on development of key building materials and other relevant sectoral master plans;

d/ Suitability of contents of the master plan;

dd/ Feasibility in determination of the scale and capacity of extraction, requirements on technologies for extraction of minerals for use as cement;

e/ Solutions to the master plan implementation, feasibility of the master plan and measures to manage the master plan implementation;

g/ Conformity of the master plan with the environmental protection strategy.

2. Appraisal of a master plan on survey, extraction and use of minerals as key building materials must cover:

a/ Legal bases for formulation of the master plan;

b/ Scientific foundations, reliability of information, figures and documents used for the formulation of the master plan;

c/ Conformity of the master plan with the national socio-economic development strategy, the strategy for minerals; consistency with Vietnam’s master plan on building materials development, master plan on development of key building materials and other relevant sectoral master plans;

d/ Suitability of contents of the master plan;

dd/ Feasibility in determination of the scale and capacity of extraction, requirements on technologies for extraction of minerals for use as key building materials;

e/ Solutions to the master plan implementation, feasibility of the master plan and measures to manage the master plan implementation;

g/ Conformity of the master plan with the environmental protection strategy.

3. Appraisal of a master plan on survey, extraction and use of minerals as ordinary building materials must cover:

a/ Legal bases for formulation of the master plan;

b/ Scientific foundations, reliability of information, figures and documents used for the formulation of the master plan;

c/ Conformity of the master plan with the local socio-economic development strategy, the strategy for minerals; consistency with the master plan on survey, extraction and use of minerals as cement; the master plan on survey, extraction and use of minerals as key building materials; the master plan on development of building materials in the locality and other relevant sectoral master plans;

d/ Suitability of contents of the master plan;

dd/ Feasibility in determination of the scale and capacity of extraction, requirements on technologies for extraction of minerals for use as ordinary building materials;

e/ Solutions to the master plan implementation, feasibility of the master plan and measures to manage the master plan implementation;

g/ Conformity of the master plan with the environmental protection strategy.

Article 25. Competence to approve master plans on minerals for use as building materials

1. The Prime Minister shall approve:

a/ The master plan on survey, extraction and use of minerals as cement;

b/ The master plan on survey, extraction and use of minerals as key building materials:

2. Chairpersons of provincial-level People’s Committees shall approve the master plan on survey, extraction and use of minerals as ordinary building materials:

3. Agencies competent to approve master plans on minerals for use as building materials are competent to adjust these master plans.

Article 26. Public announcement of master plans on minerals for use as building materials

1. The Ministry of Construction shall make public the master plan on survey, extraction and use of minerals as cement and the master plan on survey, extraction and use of minerals as key building materials on its website.

2. Provincial-level People’s Committees shall make public the master plans on survey, extraction and use of minerals as ordinary building materials on the websites of their own and of provincial-level Construction Departments.

3. Within 30 days after a master plan on survey, extraction and use of minerals as building materials is approved by competent state agencies, the master plan-formulating agency shall make public the master plan.

Section 3

CAPACITY CONDITIONS OF ORGANIZATIONS PROVIDING CONSULTANCY ON BUILDING MATERIAL-RELATED PLANNING AND FUND FOR SUCH PLANNING

Article 27. Capacity conditions of organizations providing consultancy on building material-related planning

1. Having the function of providing consultancy on formulation of master plans on building materials development and master plans on minerals for use as building materials relevant to their tasks as prescribed by law.

2. The head of a planning project must meet the following conditions:

a/ Possessing an engineer’s degree or equivalent or higher degree;

b/ Having engaged in the formulation of master plans on building materials development and master plans on minerals for use as building materials for at least five years;

c/ Having participated in the formulation of at least one master plan on building materials development or master plan on minerals for use as building materials approved by the Prime Minister or the Minister of Construction; or having participated in the formulation of at least three master plans on building materials development or master plans on minerals for use as building materials approved by provincial-level People’s Committee chairpersons.

Article 28. Fund for building material-related planning

1. The fund for building material-related planning activities must cover expenses for formulation, appraisal, public announcement and dissemination of master plans.

2. The fund for building material-related planning activities shall be allocated from the state budget. The estimation, payment and final settlement of funds for planning activities must comply with the law on state budget.

3. The State shall encourage organizations and individuals at home and abroad to fully or partly finance planning activities.

Chapter III

INVESTMENT IN AND PRODUCTION OF BUILDING MATERIALS

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

1. Investment projects on production of building materials must conform with building materials development master plans approved by competent authorities and comply with the law on construction investment.

2. Investment projects on production of key building materials shall be equipped with advanced and modern technologies and equipment that meet raw material, fuel, energy consumption norms and environmental protection requirements specified in the master plan on development of key building materials approved by competent authorities.

3. For investment projects on production of key building materials, the investment registration agency shall consult the Ministry of Construction before submitting them to competent authorities for investment policy decision.

Article 30. Processing and export of minerals for use as building materials

1. Processing minerals for use as building materials must comply with the laws on minerals, environment and labor, and other relevant laws.

2. Mineral processing facilities shall be staffed with persons who have been trained in and qualified for operation of equipment and technologies and product quality control; and be equipped with advanced and modern equipment and technologies suitable to the characteristics of each type of processed mineral in order to maximize the recovery rate of processed mineral products and achieve emission levels satisfying environmental standards and regulations.

3. The Ministry of Construction shall provide guidance on the level of deep processing and export of minerals for use as building materials.

Article 31. Rights and obligations of building material producers

1. Rights of building material producers:

a/ To select and decide on technologies for mineral processing and production of building materials in accordance with law;

b/ To select, decide on and make public quality standards for building materials they produce;

c/ To decide on measures for internal control of product quality and environmental protection according to quality and environmental standards and regulations.

2. Obligations of building material producers:

a/ To make public applicable standards and regulation conformity of building material products that are required to conform with regulations and take responsibility for the quality of products they produce;

b/ To strictly and fully comply with the investment approval decision;

c/ To strictly and fully comply with the content of the environmental impact assessment report, requirements set out in the decision approving the environmental impact assessment report or content of the written environmental protection commitments and other regulations on minerals and environmental protection;

d/ To provide adequate information and instructions on the use, transportation, storage and preservation of building materials;

dd/ To stop production and remedy consequences when detecting building material products failing to meet quality standards and likely to cause damage to traders and users; to  pay compensation for damage caused by the use of poor-quality building material products to traders and users;

e/ To comply with regulations of competent state agencies on inspection and examination and periodical or irregular reporting ;

g/ To provide adequate information on production activities, product quality and environmental protection to competent state management agencies in accordance with law.

Article 32. Use of white asbestos from the serpentine family in production of building materials

1. Provisions on building material production facilities using white asbestos from the serpentine family as raw material for production of building materials:

a/ To only use white asbestos from the serpentine family of clear origin for production of building materials;

b/ To ensure the concentration of white asbestos fibers from the serpentine family in the production area does not exceed 0.1 fiber/ml of air averaged over an eight-hour period or not exceed 0.5 fiber/ml of air averaged over a one-hour period;

c/ To keep packages of white asbestos from the serpentine family from breaking to prevent dispersal of asbestos during transportation;

d/ To refrain from using white asbestos from the serpentine family as filling and insulating material in construction works when it is not yet mixed with adhesive to ensure no dispersal of asbestos fibers into the air;

dd/ To have plans for treatment of scraps, materials, dust and wastewater discharged from the production process for reuse or according to regulations on safety;

e/ To comply with the approved investment decision, environmental impact assessment report, and regulations on occupational safety and environmental protection;

g/ To organize monitoring of the water and air environment in the production facilities every three months;

h/ To equip workers directly involved in the production process with labor protective gear as prescribed;

i/ To organize regular checkups and X-ray for all employees and workers in the facilities in accordance with regulations of the Ministry of Health; to keep checkup results at health establishments and production facilities.

2. Provisions on controlled use of building material products using white asbestos from the serpentine family as raw material:

a/ To only use building material products with white asbestos from the serpentine family as raw material that are announced to be conformable with regulations;

b/ To take necessary measures to control generation of asbestos dust while sawing, cutting, sharpening and chiseling building material products containing white asbestos from the serpentine family;

c/ To draw up environmental protection plans before carrying out dismantlement, repair and renovation of construction works or industrial equipment involving building materials containing white asbestos from the serpentine family;

d/ To collect and transport to designated places scraps from building materials containing white asbestos from the serpentine family; to refrain from using such scraps as raw material for road construction.

Chapter IV

QUALITY MANAGEMENT OF AND TRADING IN BUILDING MATERIALS

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

The quality of building material products and goods must comply with regulations on products and goods quality and meet the following requirements:

1. Domestically produced building material products and goods must meet the following requirements before being marketed:

a/ Satisfying announced standards;

b/ Ensuring the quality under technical regulations and having a certificate of regulation conformity and an announcement of regulation conformity, for building material products and goods that are required to conform with technical regulations;

c/ Having in-house standards announced by their producers, for building material products and goods for which no national standards are available; the application of international, regional or foreign standards as in-house standards is encouraged;

d/ Having their labels containing full information as prescribed by the law on goods labeling, for building material products and goods that are required to have label;

dd/ Complying with the law on standards and technical regulations concerning regulation conformity marks and use of regulation conformity marks, for building material products and goods that have a certificate of regulation conformity and an announcement of regulation conformity.

2. For imported building material products and goods, applied standards shall be announced; building material products and goods managed under national technical regulations must conform with relevant national technical regulations.

3. Building material products and goods used for construction works must satisfy quality requirements and standards and technical regulations and conform with designs.

Article 34. Requirements on trading in building materials

Trading in building materials must comply with the commercial law and meet the following requirements:

1. Shops and supermarkets trading in building materials must have sufficient storage areas to ensure the preservation, receipt and delivery of building material products.

2. For building materials that are flammable or odorous or contain hazardous chemicals or dirt, fire prevention and fighting equipment and safety signboards must be available at trading places.

3. Building materials that are damaged and degraded in quality during transportation, storage and trading shall be recovered and disposed of.

Article 35. Rights and obligations of building material traders

1. Rights of building material traders:

a/ To have all the rights of a trader according to the commercial law;

b/ To decide on internal control measures for quality of building materials.

2. Obligations of building material traders:

a/ To comply with requirements on trading in building materials prescribed in the commercial law;

b/ To take responsibility for and pay compensation for damage caused by supply of poor-quality building material products and goods affecting quality of construction works;

c/ To organize and control the process of transportation, storage and preservation of building materials to maintain their quality;

d/ To provide buyers with full information and documents on quality and conditions to be ensured during the transportation, storage and preservation of building material products and goods;

dd/ To provide in a timely manner buyers with full information and handling measures when building material products and goods fail to meet quality standards announced by producers, importers or distributers;

e/ To comply with regulations of competent state agencies on inspection and examination and periodical and irregular reporting;

g/ To declare prices under regulations.

Article 36. Export and import of building materials

1. Requirements on building material exporters:

a/ To ensure quality of building materials under commercial contracts;

b/ To comply with requirements on quality of exported building materials as prescribed in treaties to which Vietnam is a contracting party;

c/ To fulfill obligations of importers of building materials, in case of re-importing building materials for domestic use;

d/ To submit to the management by competent state agencies, and send annual or irregular reports to the provincial-level Construction Departments of localities where the importers register their business for summarization and reporting to the Ministry of Construction on the export of key building material products and goods.

2. Requirements on building material importers:

a/ To take responsibility for the quality of imported building materials products and goods;

b/ To organize and control the process of transportation, storage and preservation of building materials to maintain their quality and meet environmental protection requirements;

c/ To re-export imported building materials that fail to meet announced technical regulations and standards;

d/ For imported building materials that fail to meet announced technical regulations and standards and cannot be re-exported or recycled, to destroy them within a prescribed time limit and incur all destruction expenses and pay compensation for damage caused to relevant parties;

dd/ To provide traders and users with all information and documents on quality and conditions to be ensured during the transportation, storage and preservation of building materials products;

e/ To comply with regulations of competent state agencies on inspection and examination and periodical and irregular reporting.

Chapter V

POLICIES ON DEVELOPMENT OF MINERAL- AND ENERGY-SAVING AND ENVIRONMENT-FRIENDLY BUILDING MATERIALS

Article 37. General policies on development of mineral- and energy-saving and environment-friendly building materials

1. The State shall encourage and create favorable conditions for organizations and individuals to carry out research and development and application of science and technology to investment in and production of mineral- and energy-saving and environment-friendly building materials.

2. Organizations and individuals that carry out research and development and application of science and technology to investment in and production of mineral- and energy-saving and environment-friendly building materials are entitled to investment incentives and supports from the State.

3. The State shall limit and abolish according to roadmap all building materials production facilities that use obsolete technologies, consume much materials and energy and pollute the environment.

4. The Ministry of Construction shall provide guidance on the use of mineral- and energy-saving and environment-friendly building materials in construction works.

Article 38. Types of projects on research and development, investment in and production of mineral- and energy-saving and environment-friendly building materials to be eligible for investment incentives and supports from the State

1. Projects on scientific and technological research on development of mineral- and energy-saving and environment-friendly building materials.

2. Investment projects on new construction and expansion of production of unbaked building materials meeting the following capacity requirement:

a/ Projects on production of unbaked building materials of light weight (the mass does not exceed 1,000 kg/m³) with the capacity of each production line of at least 50,000 m³/year;

b/ Projects on production of concrete bricks with the capacity of each production line of at least 10 million standard bricks/year.

3. Investment projects on treatment and use of scraps from thermo-power plants, chemical fertilizer plants and metallurgical plants for use as building materials meeting the following capacity requirement:

a/ Projects on treatment and use of ash and slag with a capacity of at least 100,000 tons/year;

b/ Projects on treatment and use of gypsum with a capacity of at least 50,000 tons/year.

4. Investment projects on utilization of exhaust heat from cement production to generate electricity.

5. Investment projects on treatment and use of household waste as fuel for production of building materials with a capacity of at least 200 tons/day.

6. Investment projects on production of other building materials that save minerals and energy and are environment-friendly more than building materials of the same type;

The Ministry of Construction shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, appraising and submitting projects eligible for investment incentives and supports prescribed in this Clause to the Prime Minister for decision.

Article 39. Incentives and supports

1. Scientific and technological research projects prescribed in Clause 1, Article 38 of this Decree are eligible for:

a/ Tax incentives and credit prescribed in Articles 64 and 65 of the 2013 Law on Science and Technology;

b/ Other related incentives and supports.

2. Investment projects prescribed in Clauses 2, 3 and 6, Article 38 of this Decree are eligible for:

a/ Investment incentives prescribed in Clause 1, Article 15, and investment supports prescribed in Clause 1, Article 19, of the 2014 Law on Investment;

b/ Subsidies on technology transfer for investment projects with transfer costs as prescribed in Articles 9 and 39 of the 2006 Law on Technology Transfer;

c/ Other related incentives and supports.

3. Investment projects prescribed in Clause 4, Article 38 of this Decree are eligible for investment incentives and supports like projects on development of renewable energy prescribed in the 2010 Law on Economical and Efficient Use of Energy.

4. Investment projects prescribed in Clause 5, Article 38 of this Decree are eligible for:

a/ Incentives prescribed in Clause 2 of this Article;

b/ Additional support from local budgets at least equal to the cost of treatment of household waste applied to local household waste disposal facilities.

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

1. For building materials production facilities that treat and use waste as raw material or fuel for production:

a/ The investment in and operation of these facilities must comply with the laws on construction and environment;

b/ These facilities must have adequate vehicles and storage areas that meet technical requirements on waste storage;

c/ Building materials produced from scraps must meet standards on health and environmental protection;

d/ Building materials produced from waste used as raw material or fuel must meet standards and technical regulations.

2. Owners of facilities that discharge ash, slag and gypsum from thermo-power plants, chemical fertilizer plants or metallurgical plants shall:

a/ Comply with the law on environment and other regulations issued by competent state agencies on solutions to disposal of ash, slag and gypsum;

b/ Sort out and preliminarily treat ash, slag and gypsum up to standards and technical regulations on raw materials used for production of building materials;

c/ Hire capable units to sort out or preliminarily treat ash, slag and gypsum up to standards and technical regulations on raw materials used for production of building materials, if they are unable to do so.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 41. Responsibilities of the Ministry of Construction

1. To formulate and submit to competent authorities for promulgation or promulgate according to its competence legal documents on building materials; master plans on building materials development, master plans on minerals for use as building materials; and programs and projects on development of mineral- and energy-saving and environment-friendly building materials; to guide and organize the implementation of legal documents and master plans, programs and projects approved by competent authorities.

2. To issue the list of building material products and goods of group II and corresponding national technical regulations as assigned by the Government.

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

4. To provide guidance on the implementation of the law on incentives for or restrictions on investment in, production of, trading in and use of building materials.

5. To provide guidance on the appraisal and assessment of production technologies and quality of building material products and goods; processing technologies and quality of minerals for use as building materials;

6. To assume the prime responsibility for, and coordinate with related ministries, sectors and localities (when necessary) in, conducting examination or inspection and handling violations related to building materials nationwide.

7. To perform other tasks related to building materials as prescribed by this Decree and relevant legal documents.

Article 42. Responsibilities of ministries and ministerial-level agencies

1. To develop and adopt specific policies on building materials development according to their competence or submit them to competent authorities for promulgation.

2. To coordinate with the Ministry of Construction in performing state management tasks and conducting examination or inspection and handling violations related to building materials.

Article 43. Responsibilities of provincial-level People’s Committees

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

2. To manage quality of building material products and goods in their localities in accordance with law;

3. To monitor, make statistics on and review building material-related activities in their localities;

4. To organize law dissemination and counseling and provide information on building material-related activities in their localities;

5. To organize examination and inspection of building material-related activities in their localities. The provincial-level Construction Departments’ Inspectorates shall conduct specialized inspections of building material-related activities in their localities.

6. To send annual and irregular reports to the Ministry of Construction on building material-related activities in their localities.

7. To perform other tasks related to building materials management as prescribed by law.

Article 44. Transitional provisions

1. Master plans on building materials development and master plans on minerals for use as building materials that are approved before the effective date of this Decree will be further implemented until the time they are adjusted or replaced.

2. Investment projects on building materials that are approved before the effective date of this Decree are not required to undergo re-approval. Any activity that is not yet deployed shall be carried out under this Decree.

3. If incentives prescribed in this Decree are higher than those currently enjoyed by an investor, such investor will enjoy the incentives prescribed in this Decree for the remaining incentive-eligible period of the project.

If incentives prescribed in this Decree are lower than those previously enjoyed by an investor, such investor will continue to enjoy the previous incentives for the remaining incentive-eligible period of the project.

Article 45. Effect

1. This Decree takes effect on May 26, 2016, and replaces the Government’s Decree No. 124/2007/ND-CP of July 31, 2007, on management of building materials.

2. Ministers, heads of ministerial-level agencies, heads of governmental 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 TAN DUNG