Decree No. 124/2007/ND-CP on Construction Materials Management

DECREE

On management of construction materials

THE GOVERNMENT

Based on the Law on the Organization of the Government dated December 25, 2001;

BASED ON THE Construction Law dated November 26, 2003;

BASED ON THE Minerals Law dated March 20, 1996 and the Law Amending and Supplementing Certain Provisions of the Minerals Law dated June 14, 2005;

BASED ON THE Commercial Law dated June 14, 2005;

BASED ON THE Investment Law dated November 29, 2005;

Pursuant to the Environmental Protection Law dated November 29, 2005;

BASED ON THE Law on Technical Standards and Regulations dated June 29, 2006;

Considering the proposal of the Minister of Construction,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

THIS DECREE REGULATES ACTIVITIES IN THE CONSTRUCTION MATERIALS SECTOR INCLUDING: planning for the development of construction materials; mining and processing of minerals for construction materials; investment, production, and business operations in construction materials (excluding mining and processing of metallic minerals and production of construction materials not derived from minerals).

Article 2. Applicability

THIS DECREE APPLIES TO ORGANIZATIONS AND INDIVIDUALS, DOMESTIC AND FOREIGN, ENGAGED IN ACTIVITIES IN THE CONSTRUCTION MATERIALS SECTOR IN VIETNAM.

Article 3. Definitions

In this Decree, the following terms are understood as follows:

1. CONSTRUCTION MATERIALS ARE PRODUCTS OF ORGANIC, INORGANIC, METALLIC ORIGIN USED TO BUILD CONSTRUCTION PROJECTS, EXCEPT FOR ELECTRICAL EQUIPMENT.

2. MINERALS FOR CONSTRUCTION MATERIALS INCLUDE: minerals for producing construction materials; minerals as raw materials for cement production.

3. SANITARY WARE IS A PRODUCT OF PORCELAIN OR CERAMIC ORIGIN USED FOR INSTALLATION IN SANITARY FACILITIES, LABORATORIES, AND OTHER SPECIAL ROOMS.

4. TILING MATERIALS ARE CONSTRUCTION MATERIALS USED FOR TILING AND COVERING CONSTRUCTION PROJECTS.

Article 4. STATE POLICY ON DEVELOPING CONSTRUCTION MATERIALS

1. THE STATE INVESTS AND HAS POLICIES TO ENCOURAGE ORGANIZATIONS AND INDIVIDUALS FROM ALL ECONOMIC COMPONENTS TO PARTICIPATE IN INVESTMENTS TO DEVELOP TECHNICAL INFRASTRUCTURE TO ENSURE SYNERGY AND SUITABILITY WITH THE PLANNING FOR THE DEVELOPMENT OF CONSTRUCTION MATERIALS IN EACH PERIOD.

2. ACTIVITIES IN THE CONSTRUCTION MATERIALS SECTOR ARE ELIGIBLE FOR INVESTMENT INCENTIVES OR SPECIAL INVESTMENT INCENTIVES, AND INVESTMENT PROJECTS IN THE CONSTRUCTION MATERIALS SECTOR LOCATED IN INVESTMENT INCENTIVE AREAS SHALL ENJOY INVESTMENT INCENTIVES AS PROVIDED BY LAWS ON INVESTMENT.

Article 5. REQUIREMENTS FOR TECHNOLOGY IN MINING, PROCESSING, AND PRODUCTION OF CONSTRUCTION MATERIALS

TECHNOLOGY AND EQUIPMENT FOR PRODUCING CONSTRUCTION MATERIALS, MINING AND PROCESSING MINERALS FOR CONSTRUCTION MATERIALS, RECYCLING WASTE INTO RAW MATERIALS, FUELS, AND ADDITIVES MUST BE MODERN AND ADVANCED, WITH LOW RAW MATERIAL, FUEL, AND ENERGY CONSUMPTION RATES, AND ENVIRONMENTAL POLLUTION LEVELS MEETING REGIONAL OR GLOBAL STANDARDS.

Article 6. TECHNICAL STANDARDS AND REGULATIONS FOR CONSTRUCTION MATERIAL PRODUCTS

1. FOR MATERIALS THAT MUST COMPLY WITH TECHNICAL REGULATIONS, QUALITY MUST ADHERE TO THOSE REGULATIONS.

2. ACTIVITIES IN THE CONSTRUCTION MATERIALS SECTOR MUST COMPLY WITH LAWS ON TECHNICAL STANDARDS AND REGULATIONS.

Article 7. REQUIREMENTS FOR ENVIRONMENTAL PROTECTION

MINING AND PROCESSING MINERALS FOR CONSTRUCTION MATERIALS; PRODUCTION AND BUSINESS OPERATIONS IN CONSTRUCTION MATERIALS MUST MEET THE REQUIREMENTS OF LAWS ON ENVIRONMENTAL PROTECTION.

Article 8. PROHIBITED ACTIONS

1. PRODUCTION AND SALE OF FAKE GOODS; FALSIFYING LABELS, CERTIFICATION MARKS, AND QUALITY STANDARDS OF CONSTRUCTION MATERIALS.

2. IMPORTING AND SELLING IMPORTED CONSTRUCTION MATERIALS WITHOUT QUALITY STANDARDS AND WITH UNCLEAR ORIGIN.

3. PROVIDING FALSE INFORMATION ABOUT THE QUALITY AND ORIGIN OF CONSTRUCTION MATERIAL PRODUCTS.

4. MINING AND PROCESSING MINERALS FOR CONSTRUCTION MATERIALS, COMMON MINERALS FOR CONSTRUCTION MATERIALS WITHOUT A MINING LICENSE.

5. MINING AGRICULTURAL SOIL AND RIVER SAND FOR CONSTRUCTION MATERIALS WITHOUT FOLLOWING THE PLAN.

6. PRODUCTION, SALE, AND USE OF AMIANTHOS GROUP AMBIPOLE FIBERS TO PRODUCE CONSTRUCTION MATERIALS.

7. INVESTING IN PERMANENT CONSTRUCTION PROJECTS NOT FOR MINING PURPOSES ON THE AREA ALLOCATED FOR MINERAL EXPLORATION AND EXTRACTION FOR CONSTRUCTION MATERIALS, EXCEPT WHERE APPROVED BY THE PRIME MINISTER.

8. ABUSING MANAGEMENT ACTIVITIES TO ILLEGALLY OBSTRUCT THE OPERATIONS OF ORGANIZATIONS AND INDIVIDUALS IN MINING AND PROCESSING MINERALS FOR CONSTRUCTION MATERIALS, PRODUCTION, AND BUSINESS OPERATIONS IN CONSTRUCTION MATERIALS.

Chapter II

PLANNING FOR THE DEVELOPMENT OF CONSTRUCTION MATERIALS

Section 1

GENERAL PROVISIONS

Article 9. CLASSIFICATION OF PLANNING FOR THE DEVELOPMENT OF CONSTRUCTION MATERIALS

PLANNING FOR THE DEVELOPMENT OF CONSTRUCTION MATERIALS INCLUDES THE FOLLOWING TYPES:

1. OVERALL PLANNING FOR THE DEVELOPMENT OF CONSTRUCTION MATERIALS INCLUDES:

b) Plan for the development of major construction material products.

b) REGIONAL PLANNING FOR THE DEVELOPMENT OF CONSTRUCTION MATERIALS IS A PLAN SPECIFICALLY APPLICABLE TO REGIONS WITH SIGNIFICANT POTENTIAL FOR DEVELOPING CONSTRUCTION MATERIALS, LOCATED IN BORDER AREAS BETWEEN ADJACENT PROVINCES, NECESSITATING COORDINATED UNIFIED IMPLEMENTATION;

c) PROVINCIAL PLANNING FOR THE DEVELOPMENT OF CONSTRUCTION MATERIALS (HEREINAFTER REFERRED TO AS LOCAL PLANNING FOR THE DEVELOPMENT OF CONSTRUCTION MATERIALS).

2. PLANNING FOR THE DEVELOPMENT OF MAJOR CONSTRUCTION MATERIAL PRODUCTS INCLUDES:

a) PLANNING FOR THE DEVELOPMENT OF CEMENT;

b) PLANNING FOR THE DEVELOPMENT OF GLASS FOR CONSTRUCTION;

c) PLANNING FOR THE DEVELOPMENT OF TILING MATERIALS;

d) PLANNING FOR THE DEVELOPMENT OF SANITARY WARE.

Article 10. TIMELINES AND PERIODS FOR PLANNING THE DEVELOPMENT OF CONSTRUCTION MATERIALS

OVERALL PLANNING FOR THE DEVELOPMENT OF CONSTRUCTION MATERIALS AND PLANNING FOR THE DEVELOPMENT OF MAJOR CONSTRUCTION MATERIAL PRODUCTS ARE ESTABLISHED FOR A 10-YEAR PERIOD, WITH GUIDELINES FOR DEVELOPMENT FOR THE NEXT 5 TO 10 YEARS, AND EXPRESSED FOR EACH 5-YEAR PERIOD.

Article 11. Adjustment and supplementation of the development planning for construction materials

1. The adjustment and supplementation of the development planning for construction materials shall be carried out according to the following principles:

a) Periodic review and adjustment every five years for the overall development planning for construction materials; every three years for the development planning for major construction material products;

b) Based on the results of annual reviews and assessments of the implementation of development planning for construction materials.

2. The adjustment and supplementation of the development planning for construction materials must ensure continuity, only adjusting contents that are no longer suitable with the current situation, and supplementing contents to suit economic and social development conditions.

3. The authority approving the development planning for construction materials is the authority responsible for adjusting and supplementing such planning.

Article 12. Funding for development planning for construction materials

1. Costs for development planning for construction materials include costs for establishing new plans, adjustments, supplements, and management of approved planning.

2. Funding for development planning for construction materials shall be guaranteed by the state budget.

3. The Ministry of Construction shall take the lead and coordinate with the Ministry of Finance and the Ministry of Planning and Investment to establish and issue standards and unit prices for developing and reviewing development planning for construction materials.

Article 13. Management of development planning for construction materials

1. The Government shall uniformly manage the State's work on development planning for construction materials nationwide.

2. The Ministry of Construction shall be responsible before the Government for the management of the overall development planning for construction materials in Vietnam, regional development planning for construction materials, and development planning for major construction material products.

3. Provincial People's Committees shall be responsible for managing the State's work on local development planning for construction materials within their jurisdiction.

4. Ministries, sectors, and localities shall be responsible for coordinating with the Ministry of Construction in the management of development planning for construction materials.

5. Within thirty days from the date of approval of the planning, the organization responsible for establishing the planning must organize its publication through mass media and hold meetings to introduce the planning so that citizens, businesses, and investors can easily access, study, invest, and exploit it.

6. Annually and at any time, the Ministry of Construction shall report to the Prime Minister on the implementation of assigned planning; provincial People's Committees shall submit reports on the implementation of planning to the Ministry of Construction for consolidation and reporting to the Prime Minister. Any issues arising during the implementation of planning must be reviewed and reported to the competent authority for resolution.

Section 2

OVERALL DEVELOPMENT PLANNING FOR CONSTRUCTION MATERIALS

Article 14. Basis for establishing overall planning

1. Basis for comprehensive planning for the development of construction materials in Vietnam:

b) Comprehensive planning for the development of construction materials in Vietnam;

b) Potential of national resources and minerals for construction materials, results of basic investigations, exploration, surveys of minerals, and other data on mineral resources for construction materials;

c) Capacity to meet labor, technology, and market requirements.

2. Basis for establishing regional development planning for construction materials:

a) Potential of regional resources and minerals for construction materials, results of basic investigations, exploration, surveys of minerals, and other data on mineral resources for construction materials in the region;

b) Capacity to meet labor, technology, and market requirements.

c) Potential mineral resources for construction materials in the locality;

a) Overall development planning for construction materials in Vietnam, development planning for major construction material products, and regional development planning for construction materials (for cases where localities belong to regions with established planning);

b) Local economic and social development strategies and overall planning;

c) Potential of local resources and minerals for construction materials, system of data, results of basic investigations, exploration, surveys of common minerals for construction materials, and other data on mineral resources for construction materials in the locality;

d) Capacity to meet labor, technology, and market requirements.

Article 15. Procedure for establishing overall planning

1. Record the list, prepare capital plan, draft outline for approval by the competent authority.

2. Implement the planning process in the following steps:

a) Synthesize the results of investigations, analyses, and evaluations of mineral resources for construction materials, factors, resources, development conditions, and their impacts on the overall development planning for construction materials;

b) Analyze and evaluate the current status of production and market for construction materials;

c) Prepare a comprehensive report;

d) Solicit opinions from relevant organizations and experts;

đ) Submit to the competent authority for review and approval.

Article 16. Main contents of overall planning

1. The overall development planning for construction materials in Vietnam includes the following main contents:

a) Determine the position and role of the industry in the national economy and the industry's development goals;

b) Analyze and forecast the demand for development factors, potential mineral resources for construction materials, resources, markets, technological factors, and competitive capacity requirements of the industry;

c) Analyze and evaluate the current development status of the construction materials industry nationwide, the current status of exploration, exploitation, and utilization of potential mineral resources for construction materials, investment resources for development, mechanisms and policies, management and resource mobilization solutions, the current distribution of the industry across regions, product structure, major products, investment, technology, labor, production organization, and competitive capacity;

d) Justify schemes for the efficient and economical exploitation and utilization of potential mineral resources for construction materials;

đ) Justify schemes for the allocation of the industry across regions, schemes for the development of product structures, major products, investment, technology, and labor;

e) Determine solutions regarding mechanisms and policies and propose implementation schemes.

2. Contents of regional development planning for construction materials:

Regional development planning for construction materials includes the contents specified in Clause 1 of this Article within the scope of the planning region.

3. Contents of the local building materials development plan:

In addition to the contents stipulated in Clause 1 of this Article, the local building materials development plan also includes the following contents:

a) Forecasting the demand for common building materials of the locality and the market for certain types of building materials that the locality has strengths in;

b) Proposing a list of investment projects, investment distribution schemes, investment scale and investment progress for common building materials and certain types of building materials that the locality has strengths in, including major building materials products.

The contents of the local building materials development plan must be consistent with the overall development plan for building materials in Vietnam, the development plan for major building materials products, and the regional building materials development plan.

Article 17. General planning dossier

1. The dossier for submitting the general plan for approval by the competent authority includes:

a) The main report including the explanation, legal basis, and proposal for approving the general plan for developing building materials, along with the draft decision on approving the plan;

b) Maps including: map of mineral resource distribution for building materials, current production status map of building materials, and planning scheme map;

c) Comments and suggestions from agencies and individuals; minutes and conclusions of the Review Board;

d) Appendices including: Appendix on mineral resources for building materials; Appendix on existing building materials production facilities; Appendix on methods for calculating building materials demand; Appendix on the list of proposed investment projects for producing common building materials and certain types of building materials that the locality has strengths in (this appendix is only for the local building materials development plan).

2. The contents of the planning dossier stipulated in Clause 1 of this Article shall be stored and preserved.

Article 18. Responsibilities for drafting the general plan

1. The Ministry of Construction organizes the drafting of the overall development plan for building materials in Vietnam and the regional building materials development plan.

2. The People's Committee of the province organizes the drafting of the local building materials development plan.

Article 19. Review and Approval of the General Plan

1. The development plan for building materials must be reviewed by the authorized Review Board before being submitted to the competent authority for approval.

2. The Review Board:

a) The Ministry of Construction organizes the Review Board to review the plans specified in point a and point b of Clause 1 of Article 9 of this Decree. The composition of the Review Board includes representatives from the Ministries of Construction, Planning and Investment, Finance, Natural Resources and Environment, Industry, and Transport, and other relevant ministries; experts with professional expertise in the field of building materials and experience in planning work; representatives of organizations, associations, and professional unions related to building materials;

b) The People's Committee of the province organizes the Review Board to review the plan specified in point c of Clause 1 of Article 9 of this Decree. The composition of the Review Board includes representatives from the People's Committee of the province, representatives from the Departments of Construction, Planning and Investment, Finance, Natural Resources and Environment, Industry, and Transport, and other relevant departments; experts with professional expertise in the field of building materials and experience in planning work; representatives of organizations, associations, and professional unions related to building materials.

If necessary, the People's Committee of the province may invite representatives from the Ministry of Construction and other relevant ministries and departments to participate in the Review Board.

3. Approval Authority:

a) The Prime Minister approves the overall development plan for building materials in Vietnam; the regional building materials development plan;

b) The Chairman of the People's Committee of the province approves the local building materials development plan.

Article 20. Contents of the General Plan Review

1. The accuracy and reliability of information, data, and documents about the potential mineral resources such as reserves, quality, location, and scope of the mine.

2. The consistency of the plan with the national economic and social development strategy; its consistency with other related plans.

3. Objectives, viewpoints, orientation for exploration, exploitation, processing of minerals, and development of building materials at each stage, comprehensive development indicators, rational allocation schemes, and planning schemes.

4. Comprehensive economic measures to maintain and effectively exploit resources.

Section 3

DEVELOPMENT PLAN

FOR MAJOR BUILDING MATERIALS PRODUCTS

Article 21. Basis for Developing the Plan for Major Building Materials Products

1. National strategies and overall plans for economic and social development and other related information.

2. General plans for developing building materials.

3. Domestic, regional, and global market research documents and other related information about related products.

Article 22. Procedure for Developing the Plan for Major Building Materials Products

1. Record the list, prepare capital plan, draft outline for approval by the competent authority.

2. Implement the planning process in the following steps:

a) Summarizing the results of surveys on mineral resource potential, factors, resources, conditions for development, and the impact of domestic, regional, and global markets on the development plan for major building materials products;

b) Analyzing and evaluating the current production status, and balancing supply and demand;

c) Prepare a comprehensive report;

d) Solicit opinions from relevant organizations and experts;

đ) Submit to the competent authority for review and approval.

Article 23. Main Contents of the Development Plan for Major Building Materials Products

1. Objectives, viewpoints, and development strategies for major building materials products.

2. Analysis and evaluation of information and data on the potential mineral resources for building materials of the country regarding related products and other resources that Vietnam has strengths in for building materials development.

3. Forecasting the domestic, regional, and global building materials market, and forecasting imports and exports of building materials.

4. Establishing methods for calculating market demand at different time points.

5. Proposing principles and schemes for balancing supply and demand for major building materials products at different time points.

6. Selecting technological solutions.

7. Proposing a list of investment projects, investment distribution schemes, investment scale, and investment progress.

8. Calculating capital and labor requirements.

9. Solutions to ensure balance between supply and demand.

10. Responsibilities of relevant agencies and mechanisms, policies, inter-sectoral and inter-provincial coordination mechanisms to implement planning.

Article 24. Planning dossier for the development of main construction materials products

1. The dossier for submitting the general plan for approval by the competent authority includes:

a) The main report including legal basis, explanation, proposal for approval of the planning decision attached with the draft decision on approval of the planning;

b) Maps related to each construction material product subject to planning: current production map; planning scheme map;

c) Comments and suggestions from agencies and individuals; minutes and conclusions of the Review Board;

d) Related appendices: Appendix on mineral resources as raw materials; Appendix on existing production facilities; Appendix on market demand calculation method and supply-demand balance; Appendix on market investigation reports of countries in the region and worldwide, import-export forecasts of the product in international integration; Appendix on list of investment projects expected at different time points, locations, scale and capacity.

2. Contents of the planning dossier to be stored and preserved.

Article 25. Responsibility for developing the planning for the main construction materials products

The Ministry of Construction organizes and directs the development of planning for the main construction materials products: cement, ceramic tiles, building glass, sanitary ceramics.

Article 26. Review and approval of planning for the development of main construction materials products

1. Planning for the development of main construction materials products must be reviewed by the competent review council before being submitted to the competent authority for approval.

2. The Review Board:

The Ministry of Construction organizes the Review Council to review the planning for the development of main construction materials products according to the following provisions:

a) The Review Council for cement development planning includes components as stipulated in point a, Clause 2, Article 19 of this Decree;

b) Components of the Review Council for planning development of: building glass, ceramic tiles, sanitary ceramics are decided by the Ministry of Construction.

3. Approval Authority:

a) The Prime Minister approves the planning for the development of cement;

b) The Minister of Construction approves the planning for the development of: ceramic tiles, building glass, sanitary ceramics.

Article 27. Contents of reviewing planning for the development of main construction materials products

1. Legal basis, scientific foundation, reliability of information, data, and documents for planning development.

2. The consistency of the plan with the national economic and social development strategy; its consistency with other related plans.

3. Objectives, viewpoints, development orientation by stages of main construction materials products, comprehensive development indicators, reasonable allocation schemes of resources and other key contents of the planning.

4. Supply-demand balance plan for main construction materials products.

5. List of planned investment projects according to time points, related appendices.

6. Implementation measures and solutions for the planning scheme; measures and solutions to ensure supply-demand balance and stabilize the market.

Chapter III

CONSTRUCTION MATERIALS PRODUCTION AND BUSINESS ACTIVITIES

Article 28. Conditions for agencies and organizations to develop construction materials planning

1. Having consulting functions on construction materials as prescribed by law.

2. Having a project leader with at least engineer level or equivalent and having participated in construction materials planning work for at least five (5) years.

Article 29. Conditions for engaging in mining activities for construction materials

Organizations and individuals participating in mining activities for construction materials must meet the following conditions:

1. Holding a Mining License issued by the competent state agency.

2. Having an approved investment project; approved mine design.

3. Conditions regarding capacity and technology:

a) The investment project must select advanced technology ensuring high-quality production, resource conservation, and environmental protection;

b) The scale, technology, and equipment for mining construction materials must be consistent with the approved investment report; suitable for the characteristics of each type of mineral to maximize the recovery rate of primary and associated minerals;

c) For mining operations, there must be a project management board in accordance with the law on minerals;

d) Having all necessary conditions to carry out environmental protection work, ecological restoration plans for each mining phase as prescribed by environmental protection laws;

đ) Having safety and labor hygiene measures in accordance with labor laws.

4. For mines located on the boundaries of different localities, mining plans must be approved by the authorities of the relevant localities concerning technology ensuring safety, environmental hygiene, resource conservation; capacity, progress; division of areas for partners involved in joint investment and related obligations.

5. In cases where mining is not included in the exploration, exploitation, processing, and utilization planning of construction materials and does not belong to national mineral reserves, it must comply with the Mining License issued by the competent state agency.

Article 30. Requirements for processing and producing construction materials

1. Must comply with laws on the environment, labor, and other related laws.

When using waste as raw material, fuel, or additive for producing construction materials, production technology, waste storage facilities, and transportation means must meet environmental regulations.

2. Having a workforce trained and capable of operating technological equipment and controlling product quality.

3. The Ministry of Construction guides the implementation of the provisions of Clause 2 of this Article for specific processing and production sectors of construction materials.

Article 31. Trading construction materials

1. Trading construction materials is carried out in accordance with the law on commerce.

2. The Ministry of Construction provides detailed guidance on trading construction materials.

Article 32. Conditions regarding quality for construction materials products entering the market

1. Construction materials products produced domestically and entering the market must meet the following requirements:

a) Construction materials products must comply with published standards. For products listed in the catalogue that must adhere to technical regulations, they must ensure quality according to such technical regulations;

b) Construction materials products without national standards must have their manufacturers responsible for announcing applicable standards and bear responsibility for the quality of products they produce;

c) Construction materials products must be labeled, and labels must fully contain the information as prescribed by laws on product labeling.

2. Imported construction materials products must announce applicable standards and comply with the provisions set out in point c of Clause 1 of this Article.

Article 33. Rights and obligations of organizations and individuals engaged in mineral exploitation for construction materials

1. Rights of organizations and individuals:

They shall enjoy rights as stipulated by laws on minerals.

2. Obligations of organizations and individuals:

a) Fulfill obligations as prescribed by the Law on Minerals, the Law on Environmental Protection, and other relevant laws;

b) Exploitation activities must be consistent with approved decisions;

c) Protect and conserve mineral resources, protect the environment and landscape during and after exploitation;

d) Compensate for damages caused by exploitation activities in accordance with the law;

đ) Implement administrative management regulations, public order and safety, and other obligations as prescribed by law;

e) Comply with inspection and supervision regulations of competent state agencies.

Article 34. Rights and obligations of organizations and individuals processing minerals, producing construction materials

1. Rights of organizations and individuals:

a) Select and decide on processing technology and production of construction materials in accordance with the law;

c) To comply with all contents stated in the environmental impact assessment report, the requirements of the decision approving the environmental impact assessment report, or the commitments in the environmental protection agreement and other relevant laws on raw materials and environmental protection;

c) Decide on organization and internal control measures regarding product quality and the environment based on quality and environmental standards;

d) Set prices and sell construction materials products produced by themselves.

2. Obligations of organizations and individuals:

a) Announce applicable standards and bear responsibility for the quality of products produced by themselves;

b) Implement the contents of the investment approval decision accurately and fully;

c) Strictly implement all contents stated in the environmental impact assessment report and requirements of the decision approving the environmental impact assessment report or commitments recorded in the environmental protection agreement and other environmental protection regulations and provisions of this Decree;

d) Provide full information, usage instructions, transportation, storage, and preservation of construction materials;

đ) Immediately cease production and take corrective actions when discovering construction materials products not meeting quality standards and posing risks to traders and users; compensate traders and users for losses caused by using non-compliant construction materials products;

e) Comply with inspection and supervision regulations of competent state agencies;

g) Provide information about product quality and the environment to competent management agencies as prescribed by law.

Article 35. Rights and obligations of organizations and individuals trading in construction materials

1. Rights of organizations and individuals:

a) Enjoy the rights of traders selling goods as prescribed by commercial laws;

b) Decide on organization and internal control measures regarding construction materials quality;

2. Obligations of exporters of construction materials:

b) Organize and monitor transportation, storage, and preservation processes to maintain product quality and environmental protection requirements;

b) Adhere to quality requirements for exported construction materials as stipulated in international treaties to which Vietnam is a party;

c) In cases where construction materials are re-imported for domestic use, the exporter must fulfill obligations as prescribed for importers under Clause 3 of this Article.

3. Obligations of importers of construction materials:

a) Bear responsibility for the quality of construction materials imported by themselves;

b) Organize and control transportation, storage, and preservation processes to maintain product quality and environmental protection requirements;

c) Bear responsibility for the re-export of imported construction materials not conforming to technical regulations;

d) If imported construction materials do not meet technical regulations, cannot be re-exported, and cannot be recycled, the importer must destroy them within the specified period and bear all costs associated with destruction;

đ) Provide full information and conditions required for transportation, storage, and preservation of construction materials products to traders and users;

e) Comply with inspection and supervision regulations of competent state agencies.

4. Obligations of construction materials traders:

a) Adhere to requirements for trading in construction materials as prescribed in Article 31 of this Decree;

b) Bear responsibility for construction materials products sold by themselves;

c) Organize and supervise the transportation, storage, and preservation processes of construction materials to maintain quality;

d) Provide full information and conditions required for transportation, storage, and preservation of construction materials products to buyers;

đ) Upon receiving information from manufacturers or importers about construction materials products not meeting quality standards, promptly provide full information and handling measures to buyers;

e) Adhere to business network planning for conditional construction materials in cities (if applicable);

g) Comply with inspection and supervision regulations of competent state agencies.

Chapter IV

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 36. Inspection and supervision of activities in the construction materials sector

1. Content of inspection and supervision:

a) Implementation of construction materials planning;

b) Activities of mineral exploitation, processing, and production of construction materials;

c) Quality of domestically produced, exported, imported, and circulating construction materials products on the market;

d) Compliance with environmental standards by construction materials production and trading facilities;

đ) Business conditions for construction materials.

2. Forms of Inspection:

a) Periodic inspection;

b) Spot checks when complaints or reports are received.

3. Forms of supervision:

a) Planned supervision;

b) Spot supervision: in cases of suspected violations or receipt of complaints or reports.

4. Inspection and supervision agencies:

a) The Ministry of Construction organizes inspections and supervisions of the implementation of the contents prescribed in Clause 1 of this Article; coordinates with the General Department of Customs to inspect the quality of exported and imported construction materials products.

b) The Provincial People's Committee directs the competent agencies of the province to organize the implementation of inspections and audits of activities in the construction materials sector within their jurisdiction on the local territory.

Article 37. Handling of violations

1. Organizations and individuals operating in the construction materials sector on the territory of Vietnam who commit violations of the provisions of this Decree shall be subject to administrative penalties depending on the severity of the violation; if damage is caused, they must compensate for the damage or be held criminally responsible according to the law.

2. Individuals who abuse their positions or powers to obstruct organizations and individuals legally operating in the construction materials sector on the territory of Vietnam or to seek personal gain shall be subject to disciplinary action; if damage is caused, they must compensate for the damage or be held criminally responsible according to the law.

Article 38. Handling technological issues of production investments made before the Decree takes effect

For production facilities of construction materials with outdated technology causing environmental pollution that were invested in before this Decree comes into force:

1. The Provincial People's Committee shall inspect and direct the producers to develop an overall plan to improve technology and address environmental issues according to a specific schedule; approve the plan and supervise its implementation;

2. In cases where there is no remediation plan, production must be converted to apply more advanced technology or production must cease.

Chapter V

IMPLEMENTATION

Article 39. Responsibilities of the Ministry of Construction

The Ministry of Construction is responsible for state management of activities in the construction materials sector and has the following tasks:

1. To draft, issue, or submit to relevant state agencies for issuance and implementation of legal regulatory documents on construction materials; to develop plans for the development and national programs in the construction materials sector, and provide guidance on the phased implementation of development plans for construction materials;

2. To establish and issue national technical standards for construction materials;

3. To uniformly manage activities related to the assessment and evaluation of production technology and product quality in the construction materials sector;

4. Other tasks as prescribed by laws related to the construction materials sector.

Article 40. Responsibilities of Relevant Ministries and Sectors

The Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Natural Resources and Environment, the Ministry of Industry, the Ministry of Transport, the Ministry of Trade, the Ministry of Science and Technology, and other ministries and sectors according to their assigned functions and responsibilities shall cooperate with the Ministry of Construction to implement state management of activities in the construction materials sector and ensure consistency between the development of construction materials and the development of technical infrastructure.

Article 41. Responsibilities of Provincial People's Committees

Within the scope of their duties and authority, provincial people's committees are responsible for managing state activities in the construction materials sector at the local level and have the following tasks:

1. To issue legal regulatory documents on the management of activities in the construction materials sector within their authority;

2. To implement legal regulatory documents on the management of activities in the construction materials sector;

3. To monitor, compile statistics, and summarize the situation of activities in the construction materials sector at the local level;

4. To disseminate, popularize, and organize guidance on laws and provide information on the construction materials sector at the local level;

5. Other tasks as prescribed by law.

Article 42. Effectiveness

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.