Circular No. 04/1999/TT-BXD guiding the implementation of Decree No. 11/1999/NĐ-CP dated March 3, 1999 of the Government on conditional construction materials trading

CIRCULAR

Guidelines for Implementing Decree No. 11/1999/NĐ-CP dated March 3, 1999 of the Government on Building Materials Subject to Conditional Trading

Building materials circulating in the market are mostly large-sized goods that are cumbersome during transportation, storage, purchase, and sale, some of which easily generate dust, dirt, fire hazards, and affect the environment and social management order.

In order to minimize harmful impacts on the environment, hygiene, landscape, and social safety while ensuring product quality for consumers at the trading stage of building materials.

Based on Decree No. 11/1999/NĐ-CP dated March 3, 1999 on prohibited goods and services, restricted trade goods and services, and conditional trade goods and services. After reaching consensus with the Ministry of Trade and the Ministry of Construction, the guidelines for implementing conditional trade in building materials are as follows:

1. When engaging in commercial activities involving building materials subject to conditional trading, regardless of whether they are domestic or foreign economic entities, traders must have business registration, equipment, and trading locations that comply with the conditions stipulated in this Circular.

I. SCOPE OF APPLICATION

2. Trading locations for building materials include reception stations, warehouses, storage yards, display shops, transaction venues, and sales points for building materials.

3. List of building materials subject to conditional trading:

a) Various types of cement

b) Various types of construction lime

c) Brick, tile, and roofing tiles of various types, asbestos-cement sheets, metal roofing sheets, steel pipes, gravel, sand, stone, ready-mixed concrete, construction glass.

d) Various types of construction wood, tram, stakes, bamboo, reeds, plastic roofing sheets, plastic pipes, pressed boards, oil paper.

e) Various types of construction additives, paints.

II. CONDITIONS FOR TRADING IN BUILDING MATERIALS SUBJECT TO CONDITIONAL TRADING

The conditions for trading in building materials subject to conditional trading must comply with the provisions of the Commercial Law and guiding documents; simultaneously, they must satisfy the general conditions set out in Article 6 of Decree No. 11/1999/NĐ-CP dated March 3, 1999, for items a, b, and e, detailed as follows:

1. General Conditions:

a/ Must be a trader registered for business according to current laws.

b/ Have material and technical facilities and equipment in accordance with standards prescribed by competent state agencies.

c/ The trading location must:

+ Be consistent with local requirements for the network of trading locations.

+ Ensure environmental protection, landscape preservation, and fire prevention.

+ Ensure traffic safety: not encroaching on traffic boundaries, not occupying sidewalks or roadways.

+ Have a signboard clearly indicating the name of the shop and the enterprise or individual conducting business.

2. Specific Conditions for Each Group of Building Materials Subject to Conditional Trading:

a) For cement:

- Cement is a type of building material that easily generates dust and reduces quality during storage; trading locations for cement should not be located on main roads through residential areas or urban centers.

- If selling less than one bag (less than 50 kg), accurate weighing scales and packaging for customers must be provided.

- Warehouses or storage areas for cement must ensure dryness and prevent moisture from affecting cement quality during rainy weather.

- Trading locations for cement must display prices for each type of cement publicly visible to customers.

b) For construction lime:

- Construction lime, if in block form, easily generates dust and when exposed to water can cause high heat reactions leading to burns. In liquid form, it can damage skin and soil, causing pollution to streets and surrounding structures. Trading locations for construction lime should not be situated in densely populated areas, schools, hospitals, or markets. Storage of lime blocks must be in enclosed warehouses or moisture-resistant packaging placed in dry locations to prevent unexpected flooding. Calcined lime storage must be in sealed containers or pits with barriers, located in low-traffic areas, and must have warning signs for hazardous lime pits.

- Traders dealing in construction lime may only sell and load onto transport vehicles or packaging that ensures no spillage or pollution during transport, and must adhere to specific transport hours as regulated by local authorities.

c) For bulky materials including brick, tile, roofing tiles, asbestos-cement sheets, metal roofing sheets, steel pipes, gravel, sand, stone, ready-mixed concrete, and construction glass. These materials are often traded in large quantities, are bulky, generate dust, and obstruct traffic during handling and transportation.

Trading locations for these materials should not be located on central city streets. They must have sufficient space for convenient loading and unloading of transport vehicles, with neat and orderly stacking to avoid accidents.

Traders dealing in these materials may only sell and load onto transport vehicles that ensure no dust generation, no spillage, and do not exceed specified dimensions and weights for traffic safety, and must follow local regulations regarding permitted transport times.

d) For flammable and odorous bulky materials including various types of construction wood, tram, stakes, bamboo, reeds, plastic roofing sheets, plastic pipes, pressed boards, and oil paper.

Trading locations for these materials must meet the conditions outlined above (point c). Additionally, storage areas for these materials must be far from sources of ignition and must have effective fire prevention measures and regulations.

e) For additives and paints:

e) With regard to additives and paints:

This group of materials is typically in liquid solution form or powder form, and when traded on the market may cause contamination and environmental pollution. Storage and transportation of these materials must be packaged in containers for powder forms or sealed drums, boxes, or tanks for liquid forms, and safe measuring tools must be used during trading. They shall not be placed near water sources, wells, ponds, or areas with high temperatures that could ignite solvents and additives.

III. IMPLEMENTATION

1- The People's Committee of the Province or City under the Central Government shall approve the planning of locations for the network of trade in construction materials with conditions within their localities, which shall be prepared by the Department of Construction in coordination with the Department of Commerce, and publicly announced widely after approval.

2- For traders who have been issued a Certificate of Eligibility to Trade in Construction Materials according to Circular 19/BXD-VLXD dated July 1, 1995, they shall continue to trade and must ensure compliance with the conditions stipulated in this Circular.

3- The competent authority issuing business registration must coordinate with the Department of Construction and the Department of Commerce in issuing business registration to traders meeting the conditions prescribed in Section II of this Circular.

4- The Department of Construction shall coordinate with the Department of Commerce and relevant departments of the locality to organize regular or spot inspections at all points of trade in construction materials with conditions within the locality regarding the implementation of the provisions of this Circular and report the results of the inspection to the People's Committee of the province or city and the Ministry of Construction.

5- Organizations and individuals violating the provisions of this Circular shall be subject to disciplinary action, administrative fines, compensation for material damage, or criminal liability追究根据本通函规定的程度和后果。

6 ||| This Circular replaces Circular 19/BXD-VLXD dated July 1, 1995, and takes effect fifteen days from the date of issuance.