Decree No. 95/2019/ND-CP amending the Decree No. 24a/2016/ND-CP

DECREE

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^[1]

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

Pursuant to the November 24, 2017 Planning Law;

Pursuant to the November 20, 2018 Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law;

Pursuant to the June 19, 2017 Law on Technology Transfer;

At the proposal of the Minister of Construction;

The Government promulgates the Decree 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

Article 1. To amend, supplement and annul a number of articles of the Government’s Decree No. 24a/2016/ND-CP of April 5, 2016, on management of building materials as follows:

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

This Decree specifies building material-related activities, including 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 quality management and trading.”

2. To amend and supplement Clause 2, Article 3 as follows:

“2. Key building materials are building materials of assorted types, including cement, wall-tiling and flooring materials (ceramic, granite, cotto and artificial and natural wall-tiling and flooring stones), sanitary ceramic, construction glass, lime and fire-resistant materials.”

3. To amend and supplement Clause 6, Article 3 as follows:

“6. Minerals for use as raw materials for production of key building materials include stone for use as stone slab, stone 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.”

4. To amend and supplement Point b, Clause 1, Article 4 as follows:

“b/ Organizing formulation, appraisal, approval and management of the implementation of master plans on exploration, extraction, processing and use of minerals as building materials;”

5. To amend and supplement Clauses 1 and 2, Article 29 as follows:

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

1. Investment projects on production of building materials must conform with master plans in accordance with the planning law 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 and have such technologies appraised in accordance with the law on technology transfer.”

6. To amend and supplement Point b, Clause 2, Article 39 as follows:

“b/ Technology transfer subsidies, for investment projects with transfer costs specified in Articles 9 and 38 of the 2017 Law on Technology Transfer.”

7. To amend and supplement Clause 1, Article 41 as follows:

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

8. To annul Chapter II and Clause 1, Article 44.

Article 2. Effect

1. This Decree takes effect on February 10, 2020.

2. Ministers, heads of ministerial-level agencies and 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