Circular No. 09/2012/TT-BXD on the use of non-fired construction materials in construction works

CIRCULAR

Regulations on the use of non-fired construction materials in construction works

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Pursuant to the Construction Law No. 16/2003/QH11 dated November 26, 2003;

Pursuant to the Investment Law No. 59/2005/QH11 dated November 29, 2005;

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to the Government Decree No. 124/2007/NĐ-CP dated July 31, 2007 on management of construction materials;

Pursuant to Decision No. 121/2008/QĐ-TTg dated August 29, 2008 of the Prime Minister approving the overall planning for development of construction materials in Vietnam until 2020;

Considering the proposal of the Director of the Department of Construction Materials;

The Minister of Construction hereby issues this Circular on the use of non-fired construction materials in construction works.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the use of non-fired construction materials in construction works.

Non-fired construction materials include:

- Cement-aggregate bricks;

- Lightweight materials (autoclaved aerated concrete bricks, non-autoclaved aerated concrete bricks, foamed concrete bricks, autoclaved aerated concrete panels);

- Gypsum boards, 3D panels;

- Other bricks (split stones, honeycomb bricks, non-fired construction materials from hill soil and construction waste, industrial waste, silica bricks...).

These non-fired products must comply with current standards and technical regulations.

2. This Circular applies to organizations and individuals related to investment and construction activities including: investors, project owners, design consultants, supervisory consultants, construction contractors; state agencies authorized to manage investment and construction projects.

Article 2.All construction works must use non-fired construction materials

1. Construction works funded by state capital according to current regulations must compulsorily use non-fired construction materials following the schedule:

+ In cities classified as type 3 and above, 100% non-fired construction materials must be used from the date this Circular takes effect.

+ In other areas, at least 50% non-fired construction materials must be used from the date this Circular takes effect until the end of 2015, thereafter 100% must be used.

2. Construction works of nine floors or more, regardless of funding source, must use at least 30% lightweight non-fired construction materials in total volume of construction materials (by volume) from now until 2015, thereafter at least 50% must be used.

Article 3. Encouragement for the use of non-fired construction materials in construction works

It is encouraged to use non-fired construction materials in construction works regardless of funding source, urban area, or number of floors.

Article 4. Responsibilities of organizations and individuals related to the use of non-fired construction materials in construction works

2. The project owner has the responsibility to use types of non-fired construction materials in compliance with this Circular.

3. The construction design consultancy firm has the responsibility to incorporate appropriate types of non-fired construction materials into the design based on structural requirements.

4. The construction contractor and supervision consultancy firm must comply with the design regulations regarding the use of non-fired construction materials.

Contractors must comply with the design requirements regarding the use of non-fired construction materials.

Supervisory consultants have the responsibility to monitor the use of non-fired construction materials in accordance with the design requirements.

Organizations and individuals authorized to review and approve investment projects must ensure that the use of non-fired construction materials complies with the relevant regulations as a mandatory requirement.

For certain construction works with special requirements not using non-fired construction materials, approval from competent state management agencies is required:

a. The Ministry of Construction for special class and class I works;

b. The Ministry of National Defense and the Ministry of Public Security for security and defense works with special requirements for the use of construction materials;

c. Relevant Ministries for specialized works;

d. Provincial People's Committees for other works.

Article 5. Transitional Provisions

Construction works that have been granted construction permits or approved projects before the effective date of this Circular shall continue to implement according to the issued permits or approvals; it is encouraged for project owners to modify designs to use non-fired materials.

Article 6. Inspection and Handling of Violations

1. The Ministry of Construction shall coordinate with relevant Ministries and sectors to organize regular or spot inspections on compliance with regulations on the use of non-fired construction materials in construction works nationwide.

2. Provincial People's Committees are responsible for directing competent agencies to conduct regular or spot inspections on compliance with regulations on the use of non-fired construction materials in construction works within their jurisdictions.

3. Organizations and individuals violating the provisions of this Circular will be subject to handling according to current regulations depending on the severity and nature of the violation.

Article 7. Implementation Organization

1. This Circular takes effect from January 15, 2013.

2. Ministries, Sectors, People's Committees of provinces and centrally-run cities are responsible for reporting annually or as required by the Ministry of Construction on the situation of non-fired construction material usage in their respective sectors and localities.

3. The Minister, Heads of Ministries equivalent to Ministries, Agencies under the Government, Chairmen of People's Committees of provinces and centrally-run cities and related organizations and individuals are responsible for implementing this Circular.

4. Any difficulties encountered during implementation should be reported to the Ministry of Construction for consideration and resolution./.