Decision No. 15/2000/QD-BXD on Issuing Regulations for Investment in the Production of Fired Clay Brick and Tile

DECISION OF THE MINISTER OF CONSTRUCTION

Regarding the issuance of Investment Regulations for the Production of Fired Clay Bricks and Roof Tiles

 __________________________

THE MINISTER OF CONSTRUCTION

Pursuant to the Land Law dated July 14, 1993 and the Law Amending and Supplementing Certain Provisions of the Land Law dated December 2, 1998.

Pursuant to the Minerals Law dated March 20, 1996 and Decree No. 68/CP dated November 1, 1996 detailing the implementation of the Minerals Law.

Pursuant to the State Enterprise Law dated April 20, 1995 and the Enterprise Law dated June 12, 1999.

Pursuant to Decree No. 15/CP dated March 4, 1994 of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction.

Considering the proposal of the Director of the Building Materials Management Department

DECISION:

Article 1 : Now promulgates "Investment Regulations for the Production of Fired Clay Bricks and Roof Tiles"

Article 2 : This Decision shall take effect 15 days from the date of signature

Article 3 : The Heads of the Office, Directors of the Building Materials Management Department, Directors of Construction Departments of provinces and centrally governed cities, organizations, and individuals involved in the production of fired clay bricks and roof tiles are responsible for implementing this decision.

REGULATIONS

ON INVESTMENT FOR THE PRODUCTION OF FIRED CLAY BRICKS AND ROOF TILES

(Attached to Decision No. 15/2000/QĐ-BXD dated July 24, 2000

of the Minister of Construction)

PART I

CONDITIONS FOR INVESTMENT IN THE PRODUCTION OF FIRED CLAY BRICKS AND ROOF TILES

Article 1 : Organizations and individuals wishing to invest in the production of fired clay bricks and roof tiles must register business operations under the State Enterprise Law or the Enterprise Law.

Article 2 : Feasibility reports or investment reports must contain contents satisfying the following conditions:

a/ In accordance with the provincial or centrally governed city's development plan for building materials.

b/ Production technology and equipment must be at advanced levels and ensure environmental hygiene.

c/ Products must meet quality standards specified in TCVN 1450:1998 for hollow fired clay bricks, TCVN 1451:1998 for solid fired clay bricks, TCVN 1452:1995 for fired clay roof tiles, and industry standards or basic standards for special products.

Article 3 : Clay for producing fired clay bricks and roof tiles must be from planned mine or hill clays, abandoned land, riverbed dredging clays, or riverbank clays outside the dike protection zone that are not used for agricultural purposes, decommissioned dikes, and paddy fields that have been planned according to approved designs. Other types of clay such as infertile paddy field clays, acidified or saline soils that have been treated to meet quality requirements as specified in TCVN 4353:1998 may also be used.

Article 4 : It is prohibited to use the following types of clay for the production of fired clay bricks and roof tiles: agricultural land, land within historical, cultural, scenic areas; land within the protective zones of roads, dikes, embankments, bridges, culverts, railways, and high-voltage power lines.

Article 5 : Allocation of land to organizations and individuals for the production of fired clay bricks and roof tiles must comply with Articles 4, 67, and 69 of the Land Law, Articles 4, 6, and 41 of the Minerals Law; Article 9 of Decree No. 68/CP dated November 1, 1996 detailing the implementation of the Minerals Law, and must be consistent with guiding documents for the implementation of these laws. When extracting clay and producing products, they must comply with the provisions of the Environmental Protection Law.

PART II

INVESTMENT DEVELOPMENT OF THE PRODUCTION INDUSTRY

OF FIRED CLAY BRICKS AND ROOF TILES UNTIL 2010

Article 6 : Construction Departments of provinces and centrally governed cities shall conduct reviews and assessments of investment construction capabilities based on the review of local planning for the development of fired clay bricks and roof tiles to guide investors in selecting appropriate technology solutions, aiming to phase out traditional kilns in urban and suburban areas by 2005, and completely eliminate them by 2010 across all regions.

, Clause 1, Clause 2 Article 7a of this Regulation. : Investors are responsible for balancing consumption needs in line with long-term planning and technological innovation when deciding on new investments. Depending on the region, financial resources, raw material sources, market demand, and transportation conditions, they should choose the scale of production capacity for tunnel kilns of 15 million, 20 million, or 25 million pieces per year, or smaller and medium-scale capacities of 3 million, 5 million, 7 million, and 10 million pieces per year.

CHAPTER III

IMPLEMENTATION

Article 8 : The Ministry of Construction assigns the Building Materials Management Department to coordinate with Construction Departments of provinces and centrally governed cities to regularly inspect units engaged in the production of fired clay bricks and roof tiles regarding compliance with these regulations to accumulate experience and create favorable conditions for the continuous development of the fired clay bricks and roof tiles industry in accordance with planning, advanced technology, and the implementation of relevant laws.

Article 9 : Construction Departments of provinces and centrally governed cities are responsible for guiding and disseminating these regulations to investors and managing the development of fired clay brick and roof tile production, and are further responsible for:

a- Developing plans and investment development programs for fired clay brick and roof tile production for the periods 2001-2005 and up to 2010 within their jurisdictions and reporting to the People's Committees of provinces and centrally governed cities for approval.

b- Guiding districts and counties in investing in the production of fired clay bricks and roof tiles according to approved plans, while requiring investors to strictly comply with the Forest Protection and Development Law, prohibiting the use of wood or firewood for firing kilns.

c- Inspecting and evaluating the production situation and land use of all currently operating fired clay brick and roof tile production facilities.

Article 10 : Organizations and individuals permitted to invest in the production of fired clay bricks and roof tiles must comply with the above regulations. Violations of these regulations and related regulations on investment in fired clay brick and roof tile production will result in revocation of investment decisions or business licenses, or other legal penalties depending on the severity of the violation.

Article 11: This regulation shall take effect 15 days from the date of issuance.

Previous documents issued by the Ministry of Construction concerning investment in the production of fired clay bricks and roof tiles are superseded by this document.

Any issues arising during implementation that require supplementation or amendment should be reported to the Ministry of Construction for consideration and completion./.