Decree No. 09/2021/NĐ-CP on construction material management

DECREE

On management of construction materials

 

Pursuant toLaw on Government Organization June 19, 2015;

Pursuant to November 22, 2019;Decision No. 108/2023/NQ-QH15

Pursuant toInvestment Lawthe sixteenth day of June, two thousand and twenty;

Pursuant toLaw amending and supplementing certain articles of the Construction Law dated June 17, 2020;The Government promulgates this Decree on management of construction materials.

At the proposal of the Minister of Construction;

This Decree stipulates the management of development, production, and use of construction materials in construction projects to ensure safety, efficiency, sustainable development, environmental protection, and resource conservation.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to state administrative agencies, organizations, and individuals operating in the field of construction materials within the territory of Vietnam.

Article 2. Applicability

1. Construction materials are products or goods used to create construction works, excluding electrical equipment and technological devices.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

2. Resource-conserving, energy-saving, and environmentally-friendly construction materials include: non-fired construction materials, construction materials produced using waste as raw material or fuel, and construction materials with superior energy-saving performance compared to similar types.

3. Prefabricated construction components are construction materials products manufactured for assembly into building structures.

DEVELOPMENT OF CONSTRUCTION MATERIALS

Chapter II

Article 4. Strategy for Development of Construction Materials

1. The strategy for development of construction materials shall be established as the basis for managing and directing the development of construction materials to ensure effectiveness, sustainability, environmental protection, rational resource utilization, meeting domestic demand for construction materials and export requirements; it serves as the basis for incorporating related contents on construction material development into national sectoral planning, regional planning, provincial planning; and it serves as the basis for formulating plans for exploration, exploitation, processing, and utilization of mineral resources for construction materials, and proposing integration of such plans into the overall national planning.

2. The contents of the strategy for development of construction materials shall be decided by the Prime Minister.

3. The Ministry of Construction shall coordinate with relevant ministries, sectors, and localities to establish the strategy for development of construction materials and submit it to the Prime Minister for decision.

4. The budget for establishing, reviewing, and approving the strategy for development of construction materials shall be allocated from the State budget.

Article 5. Policy for Development of Resource-Conserving, Energy-Saving, and Environmentally-Friendly Construction Materials

1. The State encourages and creates conditions for organizations and individuals to research and develop, apply science and technology, invest in producing resource-conserving, energy-saving, and environmentally-friendly construction materials.

2. Organizations and individuals researching and developing, applying science and technology, investing in production and use of resource-conserving, energy-saving, and environmentally-friendly construction materials shall enjoy preferential investment policies and support from the State in accordance with laws on investment, laws on science and technology, and other relevant laws.

3. The Prime Minister shall specify the roadmap for restricting and eliminating production facilities of construction materials that use outdated technology, consume large amounts of raw materials, waste much energy, and cause environmental pollution.

3. The Prime Minister shall specify the roadmap for limiting and eliminating production facilities of construction materials that have outdated technology, consume a large amount of raw materials, waste a significant amount of energy, and cause environmental pollution.

Article 6. Management of investment projects for construction works producing building materials

1. The implementation of investment projects for construction works producing building materials shall be carried out in accordance with the laws on investment, construction, and related laws.

2. For investment projects for construction works producing building materials that fall under the category requiring approval of the investment orientation according to the laws on investment, during the process of examination for approval of the investment orientation, the Ministry of Planning and Investment or the registration agency shall seek opinions from the state management agencies on building materials before submitting to the competent authority for approval of the investment orientation, specifically as follows:

a) Seeking opinions from the Ministry of Construction for projects approved by the Prime Minister for investment orientation; group A projects; new construction works production projects for building materials or projects using new technology; projects with special grade or first-grade works significantly affecting safety and public interest, or located in administrative areas of two or more provinces.

b) Seeking opinions from the Construction Departments of localities where the projects are implemented for remaining projects not falling within the cases specified in point a of this clause.

3. The content of seeking opinions includes:

a) Evaluating the suitability of raw material sources of the project compared to the mineral resource planning for building materials;

b) Preliminary assessment of the economic and social effectiveness of the project through indicators such as raw material consumption, energy consumption, environmental impact; scale of investment; duration and progress of the project.

Chapter III

USE AND MANAGEMENT OF BUILDING MATERIAL QUALITY

Article 7. Use of Building Materials and Construction Components in Construction Works

1. Products and goods of building materials and construction components used in construction works must ensure quality, meet technical standards and regulations, comply with design and technical instructions (if any).

2. The Prime Minister shall stipulate the roadmap for using non-fired building materials, resource-saving and energy-efficient building materials, environmentally friendly building materials, and domestically produced building materials for construction works funded by public investment or state capital outside public investment.

3. Encouragement is given to the use of non-fired building materials, resource-saving and energy-efficient building materials, environmentally friendly building materials, and domestically produced building materials for construction works funded by other sources.

Article 8. Use of Chrysotile Asbestos in the Production of Building Materials

1. Only chrysotile asbestos of clear origin and source shall be used to produce roofing sheets; encouragement is given to the use of alternative fibers instead of asbestos fibers in the production of roofing sheets.

2. The environment in the production area must ensure that the concentration of chrysotile asbestos fibers does not exceed 0.1 fibers/ml of air averaged over eight hours and does not exceed 0.5 fibers/ml of air averaged over one hour.

3. There must be plans to handle waste, dust, and wastewater from the production process for reuse or safe disposal in accordance with regulations.

4. Compliance with other requirements regarding hygiene, occupational safety, and environmental protection as prescribed.

5. The Prime Minister shall stipulate the roadmap to limit new investments or expansion of facilities producing asbestos roofing sheets.

Article 9. Management of Waste Treatment and Use in Building Material Production

1. For the owners of facilities emitting fly ash, slag, gypsum from thermal power plants, fertilizer factories, chemical plants, metallurgical plants, and other industrial facilities:

a) Must comply with environmental protection laws and other regulations of competent state agencies;

b) Shall be responsible for sorting and treating fly ash, slag, gypsum to meet technical standards and norms for raw materials in building material production and construction projects;

c) In cases where they lack the capacity to sort and treat fly ash, slag, gypsum themselves, they must hire units with sufficient capability to carry out sorting and treatment of fly ash, slag, gypsum to meet technical standards and norms for building materials.

2. For facilities producing building materials that process and use waste as raw materials and fuel:

a) Production activities must comply with construction laws and environmental protection laws;

b) Ensure the production of building materials meets technical standards and norms while ensuring health and environmental protection standards.

Article 10. Requirements for Quality of Building Materials and Construction Components

1. The quality of building materials and construction components must comply with and be consistent with product quality laws, standardization laws, and technical regulations;

2. Domestic-produced building materials and construction components entering the market must meet published standards. For building materials and construction components without national standards, manufacturers must establish and publish basic standards according to the law on standardization and technical regulations.

3. Imported building materials and construction components must declare applicable standards. For imported building materials and construction components managed by national technical regulations, they must comply with corresponding national technical regulations.

Chapter IV

IMPLEMENTATION

Article 11. State Management Responsibilities for Building Materials

1. The Government shall uniformly manage state activities in the field of building materials nationwide.

2. The Ministry of Construction shall be responsible before the Government for uniformly managing state activities in the field of building materials.

3. Other ministries and sectors, according to their assigned functions and tasks, shall cooperate with the Ministry of Construction to implement state management over activities in the field of building materials.

4. Provincial People's Committees and municipal people's committees under the central government shall be responsible for state management of activities in the field of building materials within their jurisdictions.

Article 12. Responsibilities of the Ministry of Construction

1. To draft and submit to competent authorities for promulgation legal documents and policies on building materials, and to promulgate legal documents within its authority as stipulated by Law and Decree; organize the establishment, review, and submission for approval of strategies for developing building materials, programs, and plans for developing resource-efficient, energy-saving, and environmentally friendly building materials; guide and organize the implementation of legal documents, strategies, programs, and plans approved by competent authorities.

2. To propose and report to the Prime Minister recommendations to encourage or restrict the development, production, use, and import/export of building materials; issue technical criteria and guidelines for exporting mineral resources used as building materials according to the law.

3. To provide opinions on investment projects for constructing building material production facilities as stipulated in Article 6 of this Decree.

4. Other tasks in the field of building materials as prescribed in this Decree and related legal documents.

Article 13. Responsibilities of Ministries and Equivalent Agencies

1. Develop and submit to the competent authority for issuance, or issue within their authority, specific policies on the development of construction materials in accordance with the assigned fields of responsibility.

2. Coordinate with the Ministry of Construction in performing state management tasks in the field of construction materials.

Article 14. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

1. Organize the implementation of legal normative documents and state management tasks concerning construction materials within their jurisdiction.

2. Manage the quality of products and goods of construction materials at the local level in accordance with the provisions of the law.

3. Monitor, compile statistics, and summarize the situation of activities in the field of construction materials at the local level; periodically or urgently report to the Ministry of Construction as prescribed.

4. Promote, disseminate, and provide guidance on laws and information about activities in the field of construction materials at the local level.

5. Organize inspections, audits, and handle violations in the field of construction materials within their jurisdiction.

6. Other management tasks concerning construction materials as prescribed by law.

Article 15. Transitional Provisions

Investment projects for construction works producing construction materials that have been approved for investment orientation before this Decree takes effect shall not be required to seek opinions from the state management agency on construction materials as stipulated in Article 6 of this Decree; projects not yet approved for investment orientation shall comply with the provisions of this Decree.

Article 16. Effective Date

1. This Decree takes effect from the date of issuance and replaces Decree No. 24a/2016/NĐ-CP dated April 5, 2016 of the Government on the management of construction materials and Decree No. 95/2019/NĐ-CP dated December 16, 2019 of the Government amending and supplementing certain articles of Decree No. 24a/2016/NĐ-CP dated April 5, 2016 of the Government on the management of construction materials.

2. Ministers, Heads of Equivalent Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees and Municipal People's Committees under Central Government, and related organizations and individuals are responsible for implementing this Decree.