Circular No. 11/2007/TT-BXD Implementing some provisions of Government Decree No. 124/2007/NĐ-CP dated July 31, 2007 on construction materials management

VILLAGEof LEGAL

Guidelines for Implementing Certain Provisions of Decree No. 124/2007/ND-CP dated July 31, 2007 of the Government on Management of Construction Materials.

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Pursuant to Decree No. 36/2003/ND-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction.

Pursuant to Decree No. 124/2007/ND-CP dated July 31, 2007 of the Government on Management of Construction Materials.

Pursuant to Decree No. 59/2006/ND-CP dated June 12, 2006 of the Government detailing the Law on Trade regarding goods and services prohibited from trade, restricted trade, and conditional trade.

Pursuant to Decree No. 88/2006/ND-CP dated August 29, 2006 of the Government on Business Registration.

In order to contribute to better management of production and business operations, ensuring product quality, protecting the environment, landscape, traffic order, and social safety, the Ministry of Construction issues guidelines for certain provisions of Decree No. 124/2007/ND-CP dated July 31, 2007 of the Government on Management of Construction Materials, as follows.

I. REGARDING CLAUSE 3 OF ARTICLE 30: HUMAN RESOURCES FOR OPERATING TECHNOLOGICAL EQUIPMENT AND QUALITY CONTROL

1. For Enterprises

1.1. There must be a human resources system for operating technological equipment and quality control according to the approved investment project.

1.2. The technical production management supervisor:

a) Must have a college degree or higher in at least one of the following training fields: construction materials technology, chemical technology, mining, mechanical engineering, electrical engineering, automation;

b) Must have a staff position or labor contract or expert contract with at least three (03) years of experience in producing construction materials;

c) Must be physically fit to perform the job.

1.3. Workshop production manager, deputy workshop production manager, production team leader, shift production manager, or equivalent:

a) Must have a technical secondary school degree or higher in at least one of the following training fields: construction materials technology, chemical technology, mining, mechanical engineering, electrical engineering, automation. If not in their field of expertise, they must have a certificate in the assigned technical production area. If they are workers, they must be at least grade 5/7 in their production specialty;

b) Must have a labor contract or expert contract with at least one (01) year of experience in producing construction materials;

c) Must be physically fit to perform the job;

d) Must have a workplace safety certificate issued after completing training and examination in accordance with the Labor Law.

1.4. Direct operators of production equipment:

a) Must have a training certificate in the production and equipment operation field;

b) Must have a labor contract or expert contract;

c) Must be physically fit to participate in direct production.

d) Must have a workplace safety certificate issued after completing training and examination in accordance with the Labor Law.

1.5. Supervisor of the analysis and testing laboratory:

a) Must have a college degree or higher in the field of analysis and testing or one of the specialized areas of the analysis and testing laboratory;

b) Must have a labor contract or expert contract;

c) Must be physically fit to perform the job;

d) Must have a workplace safety certificate issued after completing training and examination in accordance with the Labor Law.

1.6. Laboratory technicians:

a) Must have a training certificate in the field of analysis and testing;

b) Must have a labor contract or expert contract;

c) Must be physically fit to perform the job;

d) Must have a workplace safety certificate issued after completing training and examination in accordance with the Labor Law.

2. For individual businesses and cooperatives (engaged in production of construction materials)

2.1. Technical production supervisor:

a) Must have a professional qualification of secondary technical level or higher in at least one of the following training fields: construction materials technology, chemical technology, mining, mechanical engineering, electrical engineering, automation. If they are workers, they must be at least grade 3/7 in their production specialty;

b) Must have a labor contract (if they are not the owner of the individual business or a member of the cooperative);

c) Must be physically fit to perform the job;

d) Must have a workplace safety certificate issued after completing training and examination in accordance with the Labor Law.

2.2. Direct operators of production equipment:

a) Must have been trained in the production field;

b) Must have a labor contract;

c) Must be physically fit to perform the job.

d) Must have a workplace safety certificate issued after completing training and examination in accordance with the Labor Law.

II. REGARDING CLAUSE 2 OF ARTICLE 31: CONSTRUCTION MATERIALS BUSINESS

1. Construction materials subject to conditional business licensing as specified in Clause 4, Article 7 and Point 10, Section 2, Appendix III of Decree No. 59/2006/ND-CP dated June 12, 2006 detailing the Law on Trade regarding goods and services prohibited from trade, restricted trade, and conditional trade include the following groups:

a) Large-sized construction materials prone to dust generation such as bricks, sand, gravel, pebbles, lime blocks, burnt lime, roofing sheets, building steel structures, ready-mixed concrete, precast concrete, bamboo, reeds, leaves, scaffolding, formwork, mangrove piles, building glass sheets, cut and polished stone cladding;

b) Flammable construction materials such as building wood, bamboo, reeds, leaves, plastic materials, oil-based paints, oil-based paper, pressed boards, pressed board products;

c) Construction materials with odors, toxic chemicals, and dust generation such as oil-based paints, oil-based paper, pressed board products, asphalt, burnt lime, lime blocks, burnt lime in tanks.

2. Businesses engaged in conditional construction materials trade as specified in Clause 1, Part II of this Circular must comply with the provisions of Clause 1, Clause 3, Clause 4 of Article 7 of Decree No. 59/2006/ND-CP dated June 12, 2006 detailing the Law on Trade regarding goods and services prohibited from trade, restricted trade, and conditional trade; Articles 32 and 35 of Decree No. 124/2007/ND-CP dated July 31, 2007 of the Government on Management of Construction Materials. Additionally, they must adhere to the provisions of Clauses 3, 4, and 5 of Part II of this Circular.

3. For retail stores, supermarkets selling construction materials, warehouses, and storage yards:

a) The business location must comply with local government regulations;

b) Must have sufficient space for goods entry and exit, ensuring that sidewalks and streets are not encroached upon, causing traffic congestion;

c) Construction materials belonging to Group a, Clause 1, Part II of this Circular may not be sold in central city streets;

d) Must display signs clearly stating the store name, enterprise name, cooperative name, or individual business name. Goods must have origin labels, quality registration, and consumer usage instructions;

đ) Must have adequate firefighting equipment and safety signs at sales locations for construction materials belonging to Group b, Clause 1, Part II of this Circular.

e) Must have safety barriers for people at places selling building materials belonging to group c, Clause 1, Section II of this Circular. Pits, lime tanks must be fenced off and marked with danger signs. Cutting, grinding edges of tile and stone paving slabs on sidewalks and streets is not allowed; water and dust must not be scattered into public areas.

4. For stores introducing building materials products, the store and displayed building materials must comply with the requirements set out in Point a, c, d, e, Clause 3, Section II of this Circular.

5. Damaged, substandard, and waste building materials from transportation, storage, and business operations must be transported back to the production site or disposed of at designated locations according to local authorities' regulations.

III. IMPLEMENTATION

1. People's Committees at all levels, based on the classification by the Provincial People's Committee or the People's Committee of a centrally governed city, shall define areas, streets, and locations for building material sales and waste disposal sites in accordance with local planning; guide, inspect, and urge enterprises, cooperatives, and individual businesses to implement the provisions of this Circular.

2. The People's Committee of a province or centrally governed city shall guide and inspect the implementation of this Circular.

3. Organizations and individuals violating the provisions of this Circular shall be subject to administrative penalties, compensation for material damage, or criminal liability追究刑事责任，根据法律规定。

4. This Circular replaces Circular No. 04/1999/TT-BXD dated July 15, 1999, of the Ministry of Construction and shall take effect fifteen days after its publication in the Official Gazette.

During implementation, if any issues arise, relevant agencies, enterprises, and individual businesses should promptly report them to the People's Committees at all levels or the Ministry of Construction for research and resolution. /