Circular No. 13/2017/TT-BXD on the use of non-fired construction materials in construction projects

    CIRCULAR   

On the use of non-fired construction materials

in construction works

_______________________

Pursuant to Decree No. 81/2017/NĐ-CP dated July 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Based on the Government Decree No. 24a/2016/NĐ-CP dated April 5, 2016 on construction materials management;

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

 The Minister of Construction issues this Circular on the use of non-fired construction materials in construction works. This Circular stipulates the use of non-fired construction materials in civil and industrial construction works for walls, partitions, and masonry. Non-fired construction materials include:

Article 1. Scope of Regulation

1. Concrete bricks;

2. Lightweight materials: Bricks or panels made from autoclaved aerated concrete, non-autoclaved aerated concrete, foamed concrete; types above with a density less than 1000 kg/m3;

3. Gypsum boards, 3D boards, concrete panels, lightweight panels;

4. Other bricks produced from construction waste, industrial waste; silica bricks.

This Circular applies to organizations and individuals related to activities of producing and importing non-fired construction materials, investment in construction works, and state management agencies for construction.

Article 2. Applicability

Article 3. Construction works using non-fired construction materials

1. Construction works funded by state budget capital, state capital outside the budget, business capital with state participation exceeding 30% must use non-fired construction materials in the total amount of construction materials at the following rates:

a) Hanoi City and Ho Chi Minh City: use 100%;

b) Provinces in the Red River Delta and Central Plains; provinces in Southeast region: In urban areas classified as type III or higher, use a minimum of 90%, in other areas use a minimum of 70%;

c) Remaining provinces: In urban areas classified as type III or higher, use a minimum of 70%, in other areas use a minimum of 50%.

2. Construction works of nine floors or more must use a minimum of 80% non-fired construction materials in the total amount of construction materials.

3. Construction works with special requirements not using non-fired construction materials must be reviewed and approved by competent state management authorities.

4. The State encourages the use of non-fired construction materials in construction works regardless of funding sources and number of floors.

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

1. The investor has the responsibility to stipulate the use of non-fired construction materials according to this Circular when deciding to invest in projects.

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.

5. Competent state authorities must ensure that the use of non-fired construction materials complies with the relevant regulations during the review of construction investment projects.

6. Construction works with special requirements not using non-fired construction materials must be reviewed and approved by competent state management authorities:

a) 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;

b) Sector ministries for specialized works;

c) Provincial People's Committees for remaining works.

7. Organizations and individuals producing, importing, and trading non-fired construction materials when supplying these products to construction works must ensure they meet Vietnamese standards and have conformity certification as prescribed.

8. Reporting responsibilities:

a) Departments of Construction of provinces and centrally-administered cities are responsible for reporting to the Ministry of Construction on the situation of investment, production, and use of non-fired construction materials in their respective regions as prescribed;

b) Project owners, manufacturers, importers of various types of non-fired construction materials are responsible for reporting to local Departments of Construction on the situation of using non-fired construction materials.

b) The project investor, construction works, manufacturers, and importers of various types of non-fired building materials shall be responsible for reporting to the Department of Construction of the locality on the situation regarding the use of non-fired building materials.

Article 5. Transitional Provisions

1. Construction works that have been approved by the competent authority for the project or granted construction permits before this Circular takes effect shall be implemented according to the approved project decision or issued construction permit.

2. For construction works that have been approved by the competent authority for the project or granted construction permits but have not yet commenced construction and require adjustments or supplements to the project approval or construction permit after this Circular takes effect:

a) In cases where there is no change to the construction design of the work, it shall be carried out according to the previously approved construction design.

b) In cases where there is a change to the construction design of the work, such changes must comply with the provisions of this Circular regarding the part of the work with modified construction design.

3. The State encourages investors to modify designs to use non-fired building materials.

Article 6. Inspection and Handling of Violations

1. The Ministry of Construction shall take the lead and coordinate with relevant ministries and sectors to organize regular or spot inspections on compliance with regulations concerning the production, business operation, and use of non-fired building materials in construction works nationwide.

2. Provincial People's Committees and municipal people's committees under central cities shall be responsible for directing competent agencies to conduct regular or spot inspections on compliance with regulations concerning the production, business operation, and use of non-fired building materials in construction works within their respective jurisdictions.

3. Organizations and individuals violating the provisions of this Circular shall be handled in accordance with current regulations.

Article 7. Implementation Organization

1. This Circular takes effect from January 1, 2018, and replaces Circular No. 09/2012/TT-BXD dated November 28, 2012, issued by the Minister of Construction on the use of non-fired building materials in construction works.

2. The Minister, heads of ministerial-level agencies, ministerial-level agencies under the Government, Chairmen of provincial and municipal people's committees under central cities, and related organizations and individuals are responsible for implementing this Circular./.