The Decree provides detailed regulations on certain provisions and measures for implementing the Construction Law regarding the management of construction materials.

 

DECREE

Detailed regulations on certain provisions and implementation measures of the Construction Law regarding the management of construction materials

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Construction Law No. 135/2025/QH15;

At the proposal of the Minister of Construction;

The Government promulgates this Decree detailing certain provisions and implementation measures of the Construction Law regarding the management of construction materials.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree details the Construction Law No. 135/2025/QH15 at:

a) Article 8 concerning the development, production, and use of construction materials and building components in construction projects; and the management of product and commodity quality for construction materials;

b) Clause 4 of Article 11 concerning mechanisms and policies to encourage and provide incentives for research, investment in developing and using new construction materials, recycled materials, green materials, lightweight materials, smart materials, and environmentally friendly materials suitable for coastal and island regions.

2. This Decree stipulates certain implementation measures of the Construction Law No. 135/2025/QH15 regarding state management over the development of construction materials, the use of mineral resources for construction materials, the use of asbestos, and waste generated in the production of construction materials.

Article 2. Applicability

This Decree applies to state management agencies, organizations, and individuals directly engaged in the construction material sector, as well as relevant agencies, organizations, and individuals within the territory of Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. Construction materials are products and commodities used to create construction works, excluding electrical equipment and technological devices; including: Main construction materials, common construction materials, metallic construction materials, and construction materials not directly produced from minerals.

2. Building components are construction material products manufactured for assembly into structural works.

3. New construction materials are construction materials with new technical properties, manufacturing technologies, or application scopes; researched, developed, produced, and used to meet safety, quality, and environmental requirements under the law.

4. Recycled construction materials are construction materials produced from recovered and recycled raw materials from waste, by-products, post-use materials, or materials reclaimed from demolished structures; meeting safety, quality, and environmental requirements under the law.

5. Green construction materials are construction materials with low environmental impact throughout their lifecycle (from raw material extraction, production, transportation, use to recovery and disposal); energy-efficient, resource-saving; reducing greenhouse gas emissions; meeting safety, quality, and environmental requirements under the law.

6. Lightweight construction materials are construction materials with a lower unit volume weight than traditional materials with the same functionality, contributing to reducing the load on structures, facilitating construction, transportation, and efficient energy and resource use; meeting safety, quality, and environmental requirements under the law.

7. Smart construction materials are construction materials capable of self-reacting or improving performance for structures when environmental or working conditions change (temperature, humidity, light intensity, load, etc.); meeting safety, quality, and environmental requirements under the law.

8. Environmentally friendly construction materials are construction materials whose composition, production process, use, and disposal meet environmental protection requirements; minimizing pollution generation; free from harmful components exceeding permitted levels; reusable and recyclable; meeting safety, quality, and environmental requirements under the law.

9. Construction materials suitable for coastal and island areas are construction materials with durability, corrosion resistance, and erosion resistance due to marine environments (salt vapor, high humidity, typhoons, brackish flooding), and specific extraction and transportation conditions; suitable for local climate conditions and adaptation to climate change requirements in coastal and island areas; meeting safety, quality, and environmental requirements under the law.

10. Non-fired construction materials are construction materials produced through technology without high-temperature firing processes, including: Concrete bricks, autoclaved aerated concrete, foam concrete, panels, panel walls, precast concrete components, and other products meeting safety, quality, and environmental requirements under the law.

Chapter II

DEVELOPMENT OF CONSTRUCTION MATERIALS

Article 4. Strategy for the Development of Construction Materials

1. The strategy for the development of construction materials serves as the basis for state agencies to manage and direct the development of construction materials, to include relevant contents related to construction materials in national master plans, sectoral plans, regional plans, provincial plans; and at the same time, it serves as the basis for organizations and individuals to orient their investment, production, and use of construction materials to ensure efficiency, sustainability, environmental protection, rational resource utilization, and meet domestic demand and export requirements for construction materials.

2. The period for developing the strategy for the development of construction materials is ten years with a vision of thirty years. The strategy will be reviewed and adjusted every five years (or at any time as required) to ensure supply-demand balance, market stability, and alignment with economic and social development goals, national defense and security, and climate change adaptation.

Article 5. Contents of the Strategy for the Development of Construction Materials

1. Assessing the role, position, opportunities, and challenges of the construction materials industry; domestic and international market context.

2. Evaluating the current status of investment, production, consumption, technology, raw materials, energy, and the environment.

3. Assessing potential and resources for the development of construction materials.

4. Forecasting supply and demand for construction materials.

5. Views and objectives.

6. Orientation towards technological innovation, resource conservation, and energy savings; phased elimination of outdated technologies.

7. Orientation towards the development of new construction materials, recycled materials, green materials, lightweight materials, smart materials, environmentally friendly construction materials, and materials suitable for coastal and island regions.

8. Solutions and implementation organization.

9. Strategic environmental assessment according to laws on environmental protection.

Article 6. Establishment and Approval of the Strategy for the Development of Construction Materials

1. The Ministry of Construction shall take the lead and coordinate with relevant ministries, sectors, and localities to organize the establishment, adjustment, and submission to the Prime Minister for approval of the strategy for the development of construction materials.

2. Funding for the establishment and implementation of the strategy for the development of construction materials shall be allocated from the state budget in accordance with the provisions of the law.

Article 7. Plan for the Development of Construction Materials

1. Provincial People's Committees shall organize the establishment, adjustment, and approval of the plan for the development of construction materials in their locality.

2. The plan for the development of construction materials includes specific details that implement the strategy for the development of construction materials, serving as the basis for competent state authorities at the local level to manage the development of construction materials, develop plans for the protection, exploitation, and use of mineral resources for construction materials in provincial planning; and at the same time, it serves as the basis for organizations and individuals to orient their investment, production, and use of construction materials to ensure efficiency, sustainability, environmental protection, rational resource utilization, and meet domestic demand and export requirements for construction materials.

3. The plan for the development of construction materials in localities must align with the strategy for the development of construction materials, provincial planning, and related sectoral plans.

4. The plan for the development of construction materials is established for a five-year period with a ten-year outlook and must be approved before March 31 of the first year of the planning period. The plan for the development of construction materials will be reviewed and adjusted to ensure supply-demand balance, market stability, and alignment with local economic and social development goals, national defense and security, and climate change adaptation.

Article 8. Content of the Plan for the Development of Construction Materials

1. Evaluation of the current investment, production, and consumption of construction materials; the current status of mineral resource utilization for construction materials on the territory and the capacity to meet demand.

2. The plan for the development of construction materials, including:

a) Forecasting supply and demand for construction materials; the capacity to meet the needs of common construction materials for key projects and works;

b) Investment plans for developing production facilities for construction materials;

c) Application of science and technology, innovation, and digital transformation in researching and developing new technologies and products;

d) Capacity to meet raw material and energy requirements;

e) Environmental impacts and measures to mitigate negative effects.

3. Solutions and implementation organization.

Article 9. Establishment and Approval of the Plan for the Development of Construction Materials

1. The specialized agency at the local level responsible for construction shall take the lead and coordinate with relevant departments and sectors to organize the establishment, adjustment, and submission to the Chairman of the People's Committee of the province for approval of the plan for the development of construction materials in the locality.

2. Based on the actual conditions of the locality, the People's Committee of the province decides whether to establish a separate plan for the development of construction materials or to integrate it into the content of the socio-economic development plan of the locality to ensure economy and effectiveness.

3. Within fifteen days from the date of approval, the People's Committee of the province shall be responsible for publicly announcing the plan for the development of construction materials on the local electronic information portal and sending it to the Ministry of Construction for monitoring and consolidation.

4. The budget for establishing, adjusting, and implementing the plan for the development of construction materials shall be allocated from the local budget in accordance with the provisions of the law.

Article 10. Utilization of Mineral Resources for Construction Materials

1. Activities related to the exploration, processing, utilization, and export of mineral resources for construction materials shall be carried out in accordance with the laws on geology and mineral resources and other relevant laws.

2. Planning, exploration, processing, and utilization of mineral resources for construction materials must ensure economy, effectiveness, proper purpose, meeting the needs of construction material development and production; ensuring balance between supply and demand, stabilizing the construction material market. Encouraging technological innovation, deep processing, increasing the value of mineral resources, reducing resource loss, and linking with environmental protection and sustainable development.

3. Encouraging the utilization of waste soil and rock generated from the exploration and processing of mineral resources for construction materials to produce construction materials or use them in construction projects. The use of waste soil and rock must be sorted, quality assessed, safety level determined, and comply with environmental protection requirements, technical standards, and product quality regulations as stipulated by law.

Article 11. Use of White Asbestos in the Production of Construction Materials

1. The use of white asbestos from the serpentine group in the production of construction materials must comply with the provisions of the labor safety and health law, environmental protection law, and other relevant laws.

2. Organizations and individuals using white asbestos from the serpentine group in the production of construction materials shall be responsible for ensuring dust control during production; monitoring occupational environment; conducting occupational health examinations for workers directly exposed to white asbestos; providing personal protective equipment, training on safety and health; collecting, transporting, and disposing of waste in accordance with the provisions of the law.

3. Encouraging production facilities producing roofing sheets to apply new technologies and use alternative fibers instead of white asbestos in production.

Article 12. Policies to Encourage and Provide Incentives for Research, Investment, Development, Production, and Use of Construction Materials

1. The State shall have mechanisms and policies to encourage and provide incentives for activities related to research, investment in development, and the use of new construction materials, recycled materials, green materials, lightweight materials, smart materials, environmentally friendly construction materials, construction materials suitable for coastal and island areas, ensuring sustainable development and national defense and security.

2. Organizations and individuals implementing activities related to research, investment in development, and the use of construction materials as specified in Clause 1 of this Article shall be considered for application of preferential mechanisms and policies regarding credit and access to legitimate sources of capital in accordance with laws on credit institutions, environmental protection laws; interest rate support and other forms of support in accordance with laws on science and technology and innovation, state budget laws, public investment laws; land preferential treatment and support in accordance with laws on land, investment laws, and other preferential mechanisms and policies in accordance with relevant laws.

Chapter III

USE AND MANAGEMENT OF CONSTRUCTION MATERIAL QUALITY

Article 13. Use of Construction Materials and Building Components in Construction Projects

1. Products and goods of construction materials and building components used in construction projects must comply with technical regulations and standards applicable; follow design requirements, technical instructions (if any), and requirements for safety and environmental protection as stipulated by law.

2. During the process of project establishment, review, approval, design, investment decision-making, tendering organization, the project owner, specialized agencies on construction, and the investment decision-maker shall prioritize the use of new construction materials, recycled materials, green materials, lightweight materials, smart materials, environmentally friendly construction materials, locally produced construction materials, domestically manufactured construction products with high localization rates based on compatibility with the nature of the project, technical requirements, economic-technical efficiency, life cycle costs, supply schedules, environmental protection requirements, applicable technical regulations and standards, and provisions of laws on bidding, public investment, competition, and international treaties to which Vietnam is a member.

Article 14. Quality of Products and Goods of Construction Materials

1. The quality of products and goods of construction materials and building components must comply with the provisions of laws on product and commodity quality; laws on standards and technical regulations. Classification of products and goods of construction materials according to risk levels and issuance of corresponding lists shall be carried out in accordance with laws on product and commodity quality.

2. Domestic-produced products and goods of construction materials and building components must meet published standards before being put on the market. For products with medium and high risk levels, organizations and individuals producing them must declare conformity according to corresponding technical regulations. For products and goods of construction materials without national standards, manufacturers must establish and publish basic standards in accordance with laws on standards and technical regulations.

3. Imported products and goods of construction materials and building components must declare applicable standards and comply with corresponding national technical regulations; declare conformity for imported goods with medium risk levels; register for state inspection for goods with high risk levels in accordance with the law.

Article 15. Use of waste in the production of construction materials and construction projects

1. Encourage the use of waste that meets legal requirements as raw material for the production of construction materials and its use in construction projects to conserve resources, protect the environment, and promote a circular economy.

2. Waste used as raw material in the production of construction materials and used in construction projects must be sorted, processed, and quality controlled; it must meet technical standards, applicable standards, and ensure safety and environmental protection requirements as stipulated by law.

3. Construction material producers, project sponsors, contractors, and organizations and individuals related to the use of waste as raw material for the production of construction materials and their use in construction projects shall be responsible for retaining files and documents regarding the origin, quantity, quality, purpose of use of the waste, test results, and conformity assessment results according to legal regulations on standards and technical norms, product and commodity quality laws, environmental protection laws, construction laws, and other relevant laws.

Chapter IV

IMPLEMENTATION

Article 16. State Management Responsibilities for Construction Materials

1. The Government shall uniformly manage state affairs concerning construction materials throughout the country.

2. The Ministry of Construction shall be the lead agency assisting the Government in uniformly managing state affairs concerning construction materials; within the scope of its assigned functions, tasks, and authorities, it shall be responsible for:

a) Submitting to the Government and the Prime Minister for issuance, or issuing within its authority, normative legal documents, mechanisms, and policies on management and development of construction materials; providing guidance and organizing implementation;

b) Implementing the strategy for developing construction materials; monitoring and compiling information on the development of construction materials, supply-demand situations, raw material sources, and alternative materials nationwide; building, managing, and utilizing databases on construction materials; researching, promoting science and technology, innovation, and digital transformation in the field of construction materials according to its assigned functions, tasks, and authorities;

c) Building and issuing within its authority standards, technical norms, and lists of construction material products and goods based on risk levels and management regulations for product and commodity quality;

d) Organizing inspections, handling violations, and resolving complaints and denunciations in the field of construction materials according to the law.

3. Ministries and agencies at the ministerial level, within the scope of their assigned functions, tasks, and authorities, shall be responsible for coordinating with the Ministry of Construction to implement this Decree; guiding contents within their specialized management fields according to the law.

4. Provincial People's Committees, within the scope of their assigned functions, tasks, and authorities, shall be responsible for:

a) Implementing normative legal documents and state management tasks concerning construction materials within their jurisdiction according to their authority;

b) Establishing, approving, announcing, and implementing local development plans for construction materials;

c) Managing the quality of construction material products and goods locally according to the law;

d) Monitoring, statistics, and compiling information on activities in the field of construction materials locally; updating and reporting periodically or urgently to the Ministry of Construction on production, consumption, supply, and prices of construction materials in their jurisdictions;

đ) Promoting, disseminating, and guiding the law, providing information on activities in the field of construction materials locally;

e) Organizing inspections, checks, and handling violations in the field of construction materials within their jurisdiction according to their authority.

Article 17. Transitional Provisions

1. Strategies, plans, programs, and projects for the development of construction materials approved by competent state agencies before the effective date of this Decree shall continue to be implemented until their expiration or replacement or adjustment according to the approval decision of the competent state agency.

2. Construction material production facilities currently in operation and investment projects for the production of construction materials approved or decided upon by competent state agencies before the effective date of this Decree shall continue to be implemented according to the approved legal documents; applications submitted before the effective date of this Decree but still under review or resolution shall continue to be resolved according to the legal provisions at the time of application submission until a decision is made by the competent authority.

Article 18. Effective Date

1. This Decree shall take effect from July 1, 2026.

2. Decree No. 09/2021/NĐ-CP dated February 9, 2021 of the Government on the management of construction materials shall cease to be enforced from the effective date of this Decree.

3. Repeal Article 14 of Decree No. 144/2025/NĐ-CP dated June 12, 2025 of the Government on decentralization and delegation of powers in the field of state management by the Ministry of Construction.

Article 19. Responsibility for Implementation

1. The Minister of Construction shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, heads of agencies at the ministerial level, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals shall be responsible for enforcing this Decree.