Circular No. 10/2024/TT-BXD on Quality Management of Construction Materials Products and Goods

CIRCULAR

Management of Quality of Construction Materials Products and Goods

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Pursuant to the Law on Product and Goods Quality number 05/2007/QH12 Pursuant to the Law on Standards and Technical Regulations number 68/2006/QH11 dated June 29, 2006; on November 21, 2007;

Pursuant to the Law on Construction number 50/2014/QH13 amended and supplemented by Law number 03/2016/QH14, Law number 35/2018/QH14, Law number 40/2019/QH14 and Law number 62/2020/QH14;

Pursuant to Decree number 52/2022/NĐ-CP dated August 8, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree number 09/2021/NĐ-CP dated February 9, 2021 of the Government on management of construction materials; the 8 year Pursuant to Decree number 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Law on Product and Goods Quality and amended and supplemented by Decree number 74/2018/NĐ-CP dated May 15, 2018 of the Government and

Decree number 13/2022/NĐ-CP dated January 21, 2022 of the Government amending and supplementing certain provisions of Decree number 132/2008/NĐ-CP dated December

31, 2008; Pursuant to Decree number 107/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for business of conformity assessment services; Pursuant to Decree number 154/2018/NĐ-CP dated November 9, 2018 of the Government amending, supplementing, and abolishing certain provisions on investment and business conditions under the State management of the Ministry of Science and Technology and certain provisions on specialized inspection;

At the proposal of the Director of the Department of Construction Materials,

The Minister of Construction issues this Circular on the management of quality of construction materials products and goods.đổThis Circular stipulates the management of quality of construction materials products and goods.

1. State management agencies for construction materials.

2. Organizations and individuals producing, trading, importing, exporting, and using construction materials products and goods.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

3. Conformity assessment organizations (certification organizations, testing organizations, inspection organizations, and appraisal organizations) and judicial appraisal organizations regarding the quality of construction materials products and goods.

Article 2. Applicability

Article 3. Construction Materials Products and Goods

1. Groups of construction materials products and goods are specified in Appendix I attached hereto.

2. Construction materials products and goods with potential to cause safety hazards are construction materials products and goods that, under transportation, storage, preservation, reasonable and proper use, still pose a risk of harm to people, animals, plants, property, environment (construction materials products and goods group 2) under the responsibility of the Ministry of Construction as specified in Appendix II attached hereto.

3. Construction materials products and goods without potential to cause safety hazards are construction materials products and goods that, under transportation, storage, preservation, reasonable and proper use, do not cause harm to people, animals, plants, property, environment (construction materials products and goods group 1).

4. For construction materials goods for export and import not listed and determined with HS code or having differences and inconsistencies in classification and determination of HS code, the HS code shall be determined in accordance with the regulations of the customs law. After clearance, organizations and individuals exporting and importing shall submit a document to the Ministry of Construction as a basis for coordination with the Ministry of Finance to consider and update and supplement into the HS code list.

2. Construction materials products and goods that have the potential to cause safety hazards are construction materials products and goods within the scope of management of the Ministry of Construction, as specified in Appendix II attached to this Circular, which still pose a risk of harm to people, animals, plants, property, and the environment under conditions of transportation, storage, preservation, reasonable and proper use for their intended purpose (construction materials products and goods group 2).

3. Construction materials products and goods that do not have the potential to cause safety hazards are construction materials products and goods that do not cause harm to people, animals, plants, property, and the environment under conditions of transportation, storage, preservation, reasonable and proper use for their intended purpose (construction materials products and goods group 1).

4. For exported and imported construction materials goods that have not been listed and assigned HS codes or where there are differences and inconsistencies in classification and assignment of HS codes, the determination of HS codes shall be carried out in accordance with the laws on customs. After clearance, organizations and individuals exporting and importing such goods shall submit documents to the Ministry of Construction to serve as a basis for coordination with the Ministry of Finance to review and unify, update, and supplement into the list of HS codes.

Article 4. Labeling of construction materials products

1. The labeling of construction materials products shall be carried out in accordance with the provisions of Government Decree No. 43/2017/NĐ-CP dated April 14, 2017 on product labels; Government Decree No. 111/2021/NĐ-CP dated December 9, 2021 amending and supplementing certain articles of Government Decree No. 43/2017/NĐ-CP dated April 14, 2017 on product labels; and Circular No. 18/2022/TT-BKHCN of the Minister of Science and Technology detailing certain mandatory contents to be displayed on the labels of some groups of products through electronic means.

2. In cases where the labeling content of construction materials products is separately stipulated in national technical standards and regulations and other legal normative documents, in addition to complying with the provisions of Clause 1 of this Article, construction materials products must fully comply with the labeling requirements as prescribed in the relevant national technical standards and legal normative documents.

Article 5. General Requirements for Product Quality Management of Construction Materials Products

1. Construction materials products must ensure quality in accordance with the provisions of Clause 1 of Article 7 and Article 10 of Chapter III of Government Decree No. 09/2021/NĐ-CP dated February 9, 2021 on construction material management; announce applicable standards in accordance with the laws on product quality; implement traceability origin regulations as prescribed in Circular No. 02/2024/TT-BKHCN dated March 28, 2024 of the Minister of Science and Technology on product and goods traceability management.

2. For Group 1 construction materials products:

a) Implement a quality management system to ensure that the product quality meets the corresponding technical standards and label according to the provisions of Article 4 of this Circular before putting the product into circulation on the market.

b) Voluntarily announce products and goods that meet the corresponding standards. The standard conformity announcement is implemented in accordance with the guidelines in Chapter II of Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on standard conformity announcement, regulation conformity announcement, and methods for assessing compliance with standards and technical regulations, Circular No. 02/2017/TT-BKHCN dated March 31, 2017 amending and supplementing certain articles of Circular No. 28/2012/TT-BKHCN, and Article 11 of this Circular.

3. For Group 2 construction materials products:

a) Implement a quality management system to ensure that the product quality meets the corresponding technical regulations and label according to the provisions of Article 4 of this Circular before putting the product into circulation on the market.

b) Compulsorily announce products and goods that meet the corresponding technical regulations. The regulation conformity announcement is implemented in accordance with the guidelines in Chapter II of Circular No. 28/2012/TT-BKHCN, Circular No. 02/2017/TT-BKHCN, and Article 12 of this Circular.

Chapter II
QUALITY MANAGEMENT OF CONSTRUCTION MATERIALS PRODUCTS

Article 6. Quality Management of Construction Material Products During Production

1. The quality management of construction material products during production shall be carried out in accordance with the provisions of Section 2 of Chapter III of the Law on Product Quality and Section 1 of Chapter II of Government Decree No. 132/2008/NĐ-CP dated December 31, 2008 detailing certain provisions of the Law on Product Quality and Clause 2 of Article 10 of Chapter III of Government Decree No. 09/2021/NĐ-CP.

2. Construction material production facilities must ensure full capacity in equipment, technical personnel, quality, and raw material sources in accordance with legal regulations.

Article 7. Management of the quality of construction materials for export

The management of the quality of construction materials for export shall be carried out in accordance with the provisions of Section 3 Chapter III of the Product Quality Law and Section 3 Chapter II of Decree No. 132/2008/NĐ-CP, and the regulations of the importing country.

Article 8. Management of the quality of imported construction materials

1. The management of the quality of imported construction materials shall be carried out in accordance with the provisions of Section 4 Chapter III of the Product Quality Law and Section 2 Chapter II of Decree No. 132/2008/NĐ-CP, amended and supplemented by Clause 3 Article 1 of Decree No. 74/2018/NĐ-CP and Clause 3 Article 10 Chapter III of Decree No. 09/2021/NĐ-CP.

2. For Group 2 construction materials, the importer must perform the following:

a) Register for state inspection of the quality of imported construction materials at the Construction Department of one of the localities (the product quality inspection agency, hereinafter referred to as the Inspection Agency):

- At the place where the enterprise registers its business (or where it has a representative office, branch, production plant);

- At the place where there is a customs checkpoint through which the enterprise imports goods;

- At the place where the enterprise processes customs procedures for the consignment of goods.

b) When registering for state inspection, the name of the Conformity Assessment Organization, the name of the Testing Organization performing the testing and certification of the quality of imported goods must be determined on the Registration Form according to Model No. 01-Decree No. 74/2018/NĐ-CP, amended and supplemented by Clause 9 Article 4 of Decree No. 154/2018/NĐ-CP, and the following documents: A copy of the Contract, Goods List (if any); a copy (certified by the importer) of the bill of lading, invoice, declaration of imported goods (if any); quality certificate from the exporting country (quality certificate, test results) (if any); certificate of origin (if any), photos or descriptions of the goods containing mandatory information to be displayed on the label and supplementary label (if the main label does not contain all required information); free circulation certificate CFS (if any).

c) For construction materials subject to pre-clearance state inspection before clearance: The importer shall comply with Point 2c Clause 3 Article 1 of Decree No. 74/2018/NĐ-CP, submit a certified true copy (signed and stamped by the importer) of the Conformity Certificate and Notification of the Inspection Results of Imported Goods issued by the Inspection Agency to the Customs Authority to obtain clearance for the goods.

d) For construction materials subject to post-clearance state inspection: The importer shall comply with Point 2b Clause 3 Article 1 of Decree No. 74/2018/NĐ-CP, submit a registration form confirmed by the Inspection Agency to the Customs Authority to obtain clearance for the goods. Within fifteen working days (for cement products, cement additives, concrete and mortar, thirty-five working days), the importer must submit a certified true copy (signed and stamped by the importer) of the Conformity Certificate and the inspection results of the goods (conducted by the conformity assessment organization and testing organization named in the registration form) to the Inspection Agency.

e) In cases where construction materials have been assessed by a certification organization in the exporting country, within three working days from the date of clearance, the importer must submit a certified true copy (signed and stamped by the importer) of the Conformity Certificate to the Inspection Agency.

f) If the importer registers for quality inspection of construction materials on the National Single Window Portal, they must register for inspection and receive inspection results through the National Single Window Portal.

3. For Group 2 construction materials, the Inspection Agency applies pre-clearance or post-clearance inspection measures as set forth in Appendix II of this Circular. For goods subject to pre-clearance inspection, the basis for state inspection is based on the certification results of the designated certification organization. For goods subject to post-clearance inspection, the basis for state inspection is based on the certification results of the registered or recognized certification organization in accordance with the law.

4. Measures for exemption or reduction of quality inspection of imported construction materials are applied in accordance with Clause 3 Article 1 of Decree No. 74/2018/NĐ-CP and Clause 3 Article 4 of Decree No. 154/2018/NĐ-CP.

5. Provisions regarding the handling of import documents and non-compliance with technical standards of imported construction materials are implemented in accordance with Clause 3 Article 6 and Article 9 of Circular No. 06/2020/TT-BKHCN.

Article 9. Management of the quality of construction materials circulating in the market

The management of the quality of construction materials circulating in the market shall be carried out in accordance with the provisions set forth in Section 5 Chapter III of the Law on Product and Goods Quality; Section 4 Chapter II of Decree No. 132/2008/ND-CP; Clause 2, Article 10, Chapter III of Decree No. 09/2021/ND-CP and Circular No. 01/2024/TT-BKHCN dated January 18, 2024 issued by the Minister of Science and Technology regarding state inspection of goods quality circulating in the market.

Article 10. Management of the quality of construction materials during use

The management of the quality of construction materials during use shall be carried out in accordance with the provisions set forth in Section 6 Chapter III of the Law on Product and Goods Quality; Section 5 Chapter II of Decree No. 132/2008/ND-CP and Clause 1, Article 7, Chapter III of Decree No. 09/2021/ND-CP.

Chapter III
MANAGEMENT OF CONFORMITY AND COMPLIANCE ACTIVITIES FOR CONSTRUCTION MATERIALS PRODUCTS AND GOODS

Article 11. Announcement of conformity

1. The subject of conformity announcement is construction materials products and goods.

2. Organizations and individuals announcing that construction materials products and goods comply with corresponding standards must base their announcements on the results of conformity certification conducted by conformity assessment organizations or on the results of self-assessment of compliance.

3. Organizations and individuals making conformity announcements must register the conformity announcement at the Inspection Authority.

Article 12. Announcement of compliance

1. The subject of compliance announcement is group 2 construction materials products and goods as defined in the national technical regulations issued by the Ministry of Construction and Appendix II of this Circular.

2. The declaration of compliance with technical regulations is based on one of the following measures:

a) Results of certification by conformity assessment organizations registered for the relevant field of activity or recognized according to the provisions of the law.

b) Results of certification and inspection by conformity assessment organizations and inspection organizations designated by the Ministry of Construction.

3. In cases where the results of conformity assessment from foreign conformity assessment organizations and testing organizations are used, these organizations must be recognized according to the provisions of Vietnamese law or designated by competent state management authorities.

4. Domestic production construction materials products and goods must be announced for compliance at the Inspection Authority where business registration is made based on the certification results of registered conformity assessment organizations or organizations recognized and designated according to the provisions of the law. The procedures and formalities for compliance announcement are implemented in accordance with Articles 14 and 15 of Circular No. 28/2012/TT-BKHCN, amended and supplemented by Circulars No. 02/2017/TT-BKHCN and No. 06/2020/TT-BKHCN.

Article 13. Compliance Certification

1. The evaluation of compliance for group 2 construction materials products and goods is carried out according to one of three methods: Method 1, Method 5, Method 7 (as stipulated in Circular No. 28/2012/TT-BKHCN), specifically detailed in Appendix II of this Circular.

2. Sampling method, sampling specifications, and number of samples for testing and evaluation.

a) Typical sampling method and representative sampling method must follow the provisions set out in the current national standard on sampling methods and sample preparation for the corresponding product.

b) Specifications and typical number of samples and representative samples for each batch of products and goods must follow the provisions in the national technical regulation on construction materials products and goods.

c) For imported construction materials goods not conforming to specified specifications, the importer is responsible for coordinating with the conformity assessment organization to work with the production and export unit abroad to send representative samples for the imported goods batch for quality certification purposes. The number of samples must be sufficient for testing and sample retention as required.

Article 14. Organizations for conformity assessment and judicial forensic organizations regarding the quality of construction materials products and goods

Clause 1. Conformity assessment organizations shall carry out registration for the scope of conformity assessment activities for construction materials products and goods in accordance with the provisions of Decree No. 107/2016/ND-CP.

Clause 2. Conformity assessment organizations shall be evaluated and designated to perform conformity assessment activities in accordance with the provisions of Clause 8, Article 1 of Decree No. 74/2018/ND-CP and Clauses 4, 5, 6, and 7, Article 4 of Decree No. 154/2018/ND-CP.

Clause 3. Conformity assessment organizations that have registered their scope of activities or been designated by the Ministry of Construction must comply with regulations on conformity assessment activities and be subject to supervision and inspection by the Ministry of Construction. Lists of conformity assessment organizations that have registered their scope of activities and lists of conformity assessment organizations designated by the Ministry of Construction will be published on the Ministry of Construction's electronic information website.

Clause 4. Foreign conformity assessment organizations conducting certification and testing activities for construction materials products and goods in accordance with the law shall be considered and recognized by the Ministry of Construction when Mutual Recognition Agreements are signed.

Clause 5. Judicial forensic organizations regarding the quality of construction materials products and goods shall operate in accordance with Circular No. 17/2021/TT-BXD dated December 22, 2021, issued by the Minister of Construction, stipulating certain contents on forensic activities in the construction sector and the provisions of this Circular.

Chapter IV
IMPLEMENTATION

Article 15. Responsibilities of the Ministry of Construction

Clause 1. Guide, urge, and inspect the implementation of this Circular.

Clause 2. Issue certificates for registration of testing activities; certificates for registration of certification activities and issue decisions designating conformity assessment organizations regarding the quality of construction materials products and goods, and inspect, supervise, and handle violations in the activities of these organizations.

Article 16. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

Clause 1. Assign responsibilities and delegate tasks to State Management Agencies for Quality Control of Construction Materials Products and Goods at local levels.

Clause 2. Organize the acceptance and management of registration files and public announcement files for compliance; revoke or suspend the results of acceptance of compliance announcement files of organizations and individuals for domestically produced construction materials products and goods. Organize the acceptance and processing of registration files for state control inspections of imported construction materials goods.

Clause 3. Organize the acceptance, confirmation, or rejection in writing of registration files for exemption from quality inspection of imported construction materials goods of organizations and individuals; notify in writing the cessation of application of the exemption from inspection regime as stipulated in Clause 3, Article 4 of Decree No. 154/2018/ND-CP.

Clause 4. Organize the management and inspection of compliance certification and announcement activities for construction materials products and goods within their jurisdiction. Coordinate with local inspection agencies at border gates to inspect the implementation of state control registration and conformity assessment activities for imported construction materials goods.

Clause 5. Summarize the situation of compliance certification and announcement activities, results of state control inspections for construction materials products and goods; situations of exemption from inspection of imported construction materials goods, and submit reports to the Ministry of Construction before December 25 each year or at any time upon request of the Ministry of Construction. The content of the report shall be carried out according to Appendix III attached to this Circular.

Clause 6. Organize inspections and handle violations of compliance with regulations on the management of the quality of construction materials products and goods within their jurisdiction.

Article 17. Responsibilities of conformity assessment organizations and forensic examination organizations regarding the quality of construction materials products and goods

1. Implement rights and obligations as prescribed in this Circular; provisions of laws on product quality, goods quality, and related laws.

2. Before December 15 each year or at any time upon request, report to the local inspection authority (where the organization conducts conformity assessment activities) and the Ministry of Construction on conformity assessment activities in accordance with Model No. 11 attached to Decree No. 74/2018/ND-CP.

3. Notify the Ministry of Construction of any changes affecting the conformity assessment capability regarding the quality of construction materials products and goods registered or designated within fifteen days from the date of change.

Chapter V
IMPLEMENTING PROVISIONS

Article 18. Amending and supplementing certain contents of the National Technical Regulation QCVN16:2023/BXD issued together with Circular No. 04/2023/TT-BXD dated June 30, 2023, by the Minister of Construction.

1. Repeal Section 1.4.3 of Part 1 and Parts 3, 4, and 5 of the National Technical Regulation QCVN16:2023/BXD.

2. The product name and HS code in Appendix II of this Circular replace the product name and HS code in Table 1 - List of construction materials products and goods of the National Technical Regulation QCVN16:2023/BXD.

Article 19. Effective Date

1. This Circular takes effect from December 16, 2024.

Article 20. Transitional Provisions

1. For organizations and individuals producing, importing construction materials goods that have been granted Conformity Assessment Certificates in compliance with the National Technical Regulation QCVN16:2023/BXD and whose certificates remain valid may continue to use the Conformity Assessment Certificate and Conformity Mark until the expiration of such certificates.

2. For consignments of construction materials goods that have completed export procedures in exporting countries (for import into Vietnam) before the effective date of this Circular shall be subject to previous regulations.

Article 21. Responsibility for Implementation

1. State management agencies, organizations and individuals producing, trading, importing, and using construction materials products and goods; conformity assessment organizations and forensic examination organizations regarding the quality of construction materials products and goods are responsible for implementing this Circular.

2. In cases where legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new documents.