Decree No. 24a/2016/NĐ-CP on Construction Materials Management

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 24a/2016/NĐ-CP	Hanoi, April 5, 2016

DECREE

ON THE MANAGEMENT OF CONSTRUCTION MATERIALS

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Construction promulgated on June 18, 2014;

Pursuant to the Law on Minerals dated November 17, 2010;

On the basis of the Investment Law dated November 26, 2014;

Pursuant to the Environmental Protection Law on June 23, 2014;

At the proposal of the Minister of Construction,

At the proposal of promulgates the Decree on the management of construction materials.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates activities in the field of construction materials, including: Planning for the development of construction materials, planning for mineral resources used as construction materials; investment, production activities of construction materials; quality management, trading of construction materials; policies for the development of construction materials that conserve natural resourcestransfer, energy, and are environmentally friendly. As for metal construction materials and construction materials not derived from mineral resources, this Decree only regulates quality management and trading.transferThe subjects to which this Decree applies are state management agencies, organizations, and individuals engaged in the field of construction materials within the territory of Vietnam.transferArticle 1. Construction materials are organic or inorganic products used to create structures

Subjects in accordance with

, except for electrical equipment and technological devices.

Article 3. Explanation of Terms

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

Article 2. Main construction materials are those managed and planned nationwide, including: Cement, tiles, sanitary ceramics, building glass, lime, refractory materials. new rural areasArticle 3. Tiles are construction materials used to clad and pave construction works.

Article 4. Sanitary ceramics are products made from pottery used for installation in sanitation facilities, laboratories, and other specialized rooms.

Article 5. Construction materials that conserve natural resources

, energy, and are environmentally friendly include: Unfired construction materials, construction materials produced using waste as raw material or fuel, construction materials with superior energy-saving performance compared to similar types.

Article 6. Main mineral resources used as construction materials primarily consist of: Stone for cladding and paving, stone for lime, white silica sand, kaolin, white clay, feldspar, fireclay, dolomite, bentonite, and cement-making minerals (including: Stone for cement, clay for cement, and cement additives), planned nationwide.transferArticle 7. Common mineral resources used as construction materials are those specified in Clause 1 of Article 64 of the Law on

Article 4. State Management of Construction Materialstransfer1. Contents of state management of construction materials:transfera) Issuing and guiding the implementation of legal instruments concerning construction materials; regulations encouraging or restricting investment, production, trading, use, import, and export of construction materials, mineral resources used as construction materials;

b) Organizing the preparation, examination, approval, and management of the implementation of plans for the development of construction materials, plans for mineral resources used as construction materials;transferc) Issuing national technical standards for productstransferand goods of construction materials;transfermining activities.

d) Managing the quality of products

construction materials;

e) Examining and evaluating production technology, quality of construction materials; processing technology, quality of a written notice f) Inspecting, supervising, and handling violations in the field of construction materials.transfer2. Division of responsibilities for state management of construction materials:

a) The Government shall uniformly manage state activities in the field of construction materials;

b) The Ministry of Construction shall be responsible before the Government for uniformly managing state activities in the field of construction materials; In this Circular, the following terms are understood as follows:c) Other ministries and sectors, according to their assigned functions and tasks, shall cooperate with the Ministry of Construction to implement state management

of activities in the field of construction materials; issued provincial people's committees and municipal people's committees directly under the central government shall be responsible for managing state activities in the field of construction materials within their respective jurisdictions.

PLANNING FOR THE DEVELOPMENT OF CONSTRUCTION MATERIALS, PLANNING FOR MINERAL RESOURCES USED AS CONSTRUCTION MATERIALStransfer2. Division of responsibilities for state management of construction materials:

e) Inspect, supervise and handle violations in the construction materials sector.

2. Allocation and分级处理国家对建筑材料的管理：

a) The Government shall uniformly manage state administration over activities in the construction materials sector;

b) The Ministry of Construction shall be responsible before the Government for uniformly managing state administration over activities in the construction materials sector;

c) Other Ministries and sectors shall, according to their assigned functions and tasks, coordinate with the Ministry of Construction to implement state management for of activities in the construction materials sector;

d) of the National Assembly; provincial people's committees under the central government shall be responsible for managing state administration over activities in the construction materials sector within their respective jurisdictions.

Chapter II

URBAN AND RURAL DEVELOPMENT MATERIALS PLANNING AND MINERAL RESOURCES FOR CONSTRUCTION MATERIALS PLANNING

Section 1. PLANNING FOR THE DEVELOPMENT OF CONSTRUCTION MATERIALS

Article 5. Classification of planning for the development of construction materials

Planning for the development of construction materials includes:

1. Comprehensive planning for the development of construction materials in Vietnam.

2. Planning for the development of major construction material products throughout the country.

3. Planning for the development of construction materials at the local level within provinces under central administration. central cities under the central government.

Article 6. Period for developing planning for the development of construction materials

1. The period for developing planning for the development of construction materials is ten years, with a vision of twenty years.

2. Adjusting planning for the development of construction materials new rural areas:

a) Comprehensive planning for the development of construction materials shall be reviewed and adjusted every five years; specifically, for planning the development of major construction material products, adjustments may be made on an ad hoc basis to ensure supply-demand balance and market stability nationwide. new rural areas mainly, may be subject to urgent and partial adjustmentsutedto ensure supply-demand balance and market stability nationwide.

b) Adjustments to planning for the development of construction materials must be based on the results of reviews and assessments of the implementation of the plan during each period; only adjust contents that are no longer in line with actual socio-economic development conditions or to ensure supply-demand balance and market stability nationwide. consistent based on actual economic and social development conditions or to ensure supply-demand balance and market stability nationwide.

Article 7. Basis for developing planning for the development of construction materials

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

a) National strategies and overall plans for socio-economic development; the total b) Results of basic geological surveys on mineral resources and other data on mineral resources;

c) Labor and technological capacity;transferd) Consumption markets and competitive advantages.transfer2. Division of responsibilities for state management of construction materials:

c) Labor capacity and technology capabilities;

2. Basis for planning the development of major construction material products:

a) National strategies and overall plans for socio-economic development;

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

c) Results of basic geological surveys on mineral resources and other databases on mineral resources used as major construction materials; the total d) Labor and technological capacity;

e) Market consumption investigation reports and competitive advantages of major construction material products domestically, regionally, and globally.transferg products and other databases about ktransfer3. Basis for planning the development of construction materials at the local level:

a) Local strategies and overall plans for socio-economic development;

b) Comprehensive planning for the development of construction materials in Vietnam; planning for the development of major construction material products; land use planning;

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

d) Consumption markets and competitive advantages.ograms and;

b) Overall planning for the development of construction materials in Vietnam; planning for the development of construction material products new rural areas Article 8. Procedures for developing, reviewing, and approving planning for the development of construction materials new rural areas 1. Register the item, prepare the capital plan, and draft the outline for approval by the competent authority.

2. Implement planning according to the following steps:transfera) Summarize the results of investigations, analyses, and evaluations of mineral resources; factors, resources, and conditions for development and their impact on planning for the development of construction materials;

a) Local strategies and overall plans for socio-economic development;

b) Analyze the current production status and calculate supply-demand balance;

c) Prepare reports and related documents;

d) Solicit opinions from ministries, ministerial-level agencies, and relevant provincial people's councils; complete the planning dossier;

e) Submit to the competent authority for review and approval.ước:

a) Synthesize the results of surveys, analyses, and evaluations of natural resources ktransferg products; factors, resources, conditions for development, and their impacts on the planning for the development of construction materials;

b) Analyze and assess the current production status, calculate supply-demand balance;

c) Prepare reports and related documents;

d) Solicit opinions from Ministries, agencies at the level of Ministries, of the National Assembly; provincial people's committees related to the matter; complete the planning dossier;

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

Article 9. Contents of the Construction Materials Development Plan

1. The contents of the overall development plan for construction materials in Vietnam include:

a) Determining the position and role of the construction materials sector in the national economy;

b) Determining the Objectives and viewpoints on the development of the construction materials sector nationwide;

c) Current status of construction material development throughout the country: distribution of production facilities; product structure, quality; technological level, investment situation, labor, production organization; competitive capacity;

d) Current status of raw materials for construction materials throughout the country;transferg production;

e) Market forecast for construction materials domestically, regionally, and globally, forecasting import and export of construction materials products;1. Fulfilling requirements stipulated in Article 13 of Decree No. 135/2021/NĐ-CP.f) Potential and advantages for developing construction materials nationwide;

g) Key economic and technical indicators regarding product structure, quality, technology, and investment; plans for efficient and economical exploitation and utilization;

h) Direction for development of construction materials in each stage;transfer2. Division of responsibilities for state management of construction materials:

i) Determining solutions on mechanisms, policies, and implementation plans for the planning;

j) Strategic environmental assessment for each stage;

k) Responsibilities of ministries, sectors, and localities in implementing the plan.

l) Responsibilities of ministries, sectors, and localities in implementing the plan.ograms andin the implementation of the plan.

2. The main contents of the development plan for construction materials include:

a) Objectives and viewpoints on the development of key construction materials products;

b) Current status of key construction materials development throughout the country: distribution of production facilities; product structure, quality; technological level, investment situation, labor, production organization; competitive capacity of key construction materials products;

c) Current status of raw materials for key construction materials throughout the country;transferg production;

d) Market forecast for key construction materials products domestically, regionally, and globally, forecasting import and export of key construction materials products;

e) Potential and advantages for developing key construction materials;

f) Key economic and technical indicators regarding production volume, product quality; raw material, fuel, energy consumption; plans for efficient and economical exploitation and utilization;transfer3. Basis for planning the development of construction materials at the local level:

g) Establishing methods to balance supply and demand for key construction materials products at each stage;

h) Selecting technological solutions; proposing a list of investment projects, investment distribution plans, scale of investment, and investment progress;

j) Strategic environmental assessment for each stage;

k) Responsibilities of ministries, sectors, and localities in implementing the plan.

l) Responsibilities of ministries, sectors, and localities in implementing the plan.

3. The contents of the development plan for construction materials at the local level include:

a) Determining the position and role of construction materials development in the socio-economic development of the locality;

b) Determining the Objectives and viewpoints on the development of construction materials in the locality;

c) Current status of construction material development in the locality: distribution of production facilities; product structure, quality; technological level, investment situation, labor, production organization; competitive capacity;ograms andwithin the locality;

d) Current status of raw materials for construction materials throughout the country;transfer4. By no later than March 31 each year, the environmental protection fee collection agency shall have the responsibility to publicly disclose: The quantity of ore extracted, the quantity of overburden and waste rock removed, the environmental protection fee for ore extraction paid by enterprises in the previous year through mass media such as local newspapers, local radio stations, local television stations, the website of the fee collection agency, and other appropriate methods so that the public can be informed. new rural areas within the jurisdiction;

d) Forecasting the demand for construction materials in the locality;

e) Potential and advantages for developing construction materials in the locality;

f) Updating data and indicators from the overall development plan for construction materials in Vietnam, the key construction materials plan; development main construction materials;

g) Key economic and technical indicators regarding product structure, quality, technology, and investment; plans for efficient and economical exploitation and utilization of raw materials for construction materials within the locality;transferh) Calculating capital, labor needs, and solutions to ensure balance between supply and demand for construction materials in the locality;

i) Proposing a list of investment projects, investment distribution plans, scale of investment, and investment progress;

j) Roadmap for eliminating outdated construction materials production facilities within the locality;

k) Determining solutions on mechanisms, policies, and implementation plans for the planning.

m) Determine solutions regarding mechanisms, policies, and implementation plans for the plan.

Article 10. Documents for the Development Plan of Construction Materials

1. The documents submitted to the competent authority for the examination of the development plan of construction materials include:

a) The main report on the plan including: Legal basis, explanation, maps, appendices;

b) Summary report on the plan;

c) Related documents;

đ) Receive reports on the implementation of measures to prevent and combat the proliferation of weapons of mass destruction from ministries, sectors, compile comprehensive reports REGULAR 7 ||| opinions of the Ministries, ministerial-level agencies, Installation provincial people's committees related to the plan; of the National Assembly; d) Strategic environmental assessment report (SEA);

e) Draft proposal and draft decision approving the plan.

2. The documents submitted to the competent authority for approval of the development plan of construction materials include:

a) The documents submitted to the competent authority for examination as stipulated in Clause 1 of this Article;

b) Examination report on the plan;

b) Culture, c) Report on the adoption and explanation according to the examination document;

d) Proposal and draft decision approving the plan.

3. The documents for the development plan of construction materials shall be stored and preserved in accordance with regulations.

Article 11. Responsibilities for Establishing the Development Plan of Construction Materials

1. The Ministry of Construction organizes the establishment of various types of plans including:

a) Comprehensive plan for the development of construction materials in Vietnam;

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

21 ||| localities; the Department of Construction is the leading unit, assisting new rural areas mainly.

2. of the National Assembly; 1. Fees for seed tree selection, recognition of mother trees, headstock trees, forest nursery gardens, and seedling forests (for activities conducted by local authorities). organization provincial people's committees to organize the establishment of the development plan of construction materials for their respective localities. of the National Assembly; 3. The agency organizing the establishment of the development plan of construction materials may select organizations and individuals with the necessary capacity

to establish the plan in accordance with regulations. consistent Article 12. Examination of the Development Plan of Construction Materials

1. Authority for examining the development plan of construction materials:

a) The Ministry of Construction organizes the examination of various types of plans including: Comprehensive plan for the development of construction materials

in Vietnam; plan for the development of major construction material products; new rural areas provincial people's committees organize the examination of the development plan of construction materials for localities.

b) of the National Assembly; 2. The agency

examining the development plan of construction materials establishes an Examination Board. organization 3. Composition of the Examination Board:

a) For the comprehensive plan for the development of construction materials in Vietnam and the plan for the development of major construction material products, the composition of the Examination Board includes representatives from the following ministries: Construction,

Finance, Natural Resources and Environment, Industry and Trade, and other ministries, ministerial-level agencies, and provincial people's committees related to the plan; experts with professional qualifications and experience Plan and Investmentin the field of construction materials; for b) For the development plan of construction materials

at the local level, the composition of the Examination Board includes: Representatives new rural areas of the provincial people's committee; representatives from the Departments: Construction, of the National Assembly; Investment, Finance, Natural Resources and Environment, Industry and Trade, and other departments and agencies related to the plan; experts with professional qualifications and experience in the field of construction materials. Plan Article 13. Content of Examination of the Development Plan of Construction Materials

1. Content of examination of the comprehensive plan

for the development of construction materials in Vietnam, including: the total a) Legal basis for establishing the plan;

b) Scientific basis and reliability of information, data, and documents for developing the plan;

c) Consistency of the plan

with the national socio-economic development strategy, consistency with other relevant sectoral plans; in the Field of Teachers and Educational Institution Managers d) Consistency of the plan regarding Objectives, Views, and Directions for the development of construction materials in Vietnam at each stage; key economic and technical indicators; allocation schemes

of resources; Clause 7. Consistency of data according to observation factors involves examining surface meteorological observation data between one factor and other factors at the same time and location. e) Implementation measures of the plan, feasibility of the plan, and management measures for implementing the plan;

f) Consistency of the plan

with the national environmental protection strategy. in the Field of Teachers and Educational Institution Managers 2. Content of examination of the plan for the development of major construction material products, including:

b) Scientific basis and reliability of information, data, and documents for

b) Scientific basis and reliability of information, data, and documents for developing the plan;

the plan; new rural areas c) Consistency of the plan with the national socio-economic development strategy, consistency with the comprehensive plan for the development of construction materials

in Vietnam and other relevant sectoral plans; new rural areas d) Consistency

regarding Objectives, Views, and Directions for the development of major construction material products in Vietnam at each stage; key economic and technical indicators; reasonable allocation schemes of resources; consistent e) Consistency

of calculation methods for supply-demand balance for major construction material products at different time points; consistent f) Feasibility of technological solutions, list of proposed investment projects, investment distribution schemes, investment scale, and investment progress; In this Circular, the following terms are understood as follows: g) Implementation measures of the plan, feasibility of the plan, and management measures for implementing the plan;

h) Consistency of the plan with the national environmental protection strategy.

3. Content of examination of the development plan of construction materials at the local level, including:

c) Consistency of the plan with the socio-economic development strategy of the locality; consistency with the comprehensive plan for the development of construction materials in Vietnam, the plan for the development of major construction material products, and other relevant sectoral plans;

regarding Objectives, Views, and Directions for the development of construction materials in the locality at each stage; key economic and technical indicators; reasonable allocation schemes of resources;

b) Scientific basis and reliability of information, data, and documents for developing the plan;

c) Consistency of the plan

e) Consistency

regarding Objectives, Views, and Directions for the development of major construction material products in Vietnam at each stage; key economic and technical indicators; reasonable allocation schemes of resources; consistent of the plan with the national environmental protection strategy.

f) Consistency of the plan

e) The consistent of the plan with environmental protection strategies.

Article 14. Approval Authority for Development Planning of Construction Materials new rural areas

1. Approval Authority:

a) The Prime Minister approves the overall development planning of construction materials in Vietnam; cement development planning.

b) The Minister of Construction approves the development planning of main construction material products, except for cement development planning.

c) The Chairman of the National Assembly; of the People's Committee of the province approves the development planning of local construction materials.

The authority with approval power for development planning of construction materials is the authority that adjusts the development planning of construction materials.

Article 15. Announcement of Development Planning of Construction Materials

1. The Ministry of Construction announces the overall development planning of construction materials in Vietnam; the development planning of main construction material products on the Ministry of Construction’s electronic information website.

2. of the National Assembly; The People's Committee of the province organizes the announcement of local construction material development planning on the People's Committee of the province’s electronic information website of the National Assembly; and the Department of Construction’s website.

3. Within no more than thirty days from the date the construction material development planning is approved by the competent state agency, the agency responsible for developing the planning shall announce the planning.

Section 2. MINERAL RESOURCES DEVELOPMENT PLANNING FOR CONSTRUCTION MATERIALS

Article 16. Classification of Mineral Resources Development Planning for Construction Materialstransferg products for construction materials

Mineral resources development planning for construction materials includes:transfer1. Exploration, exploitation, and utilization planning of mineral resources for cement.

2. Exploration, exploitation, and utilization planning of mineral resources for main construction materials, excluding mineral resources for cement (hereinafter referred to as exploration, exploitation, and utilization planning of mineral resources for main construction materials).transfer3. Exploration, exploitation, and utilization planning of mineral resources for common construction materials of provinces and centrally governed cities (hereinafter referred to as exploration, exploitation, and utilization planning of mineral resources for common construction materials).

Article 17. Period of Mineral Resources Development Planning for Construction Materialstransfer1. The period for establishing mineral resources development planning for construction materials is five years, with a vision of ten years.transfer2. Adjustments to mineral resources development planning for construction materials are regulated in Article 14 of the 2010 Mineral Law. use Article 18. Basis for Establishing Mineral Resources Development Planning for Construction Materials

1. Basis for establishing exploration, exploitation, and utilization planning of mineral resources for cement:transfera) Economic and social development strategies, defense and security plans, regional planning, mineral resource strategy, overall development planning of construction materials in Vietnam, product development planning of main construction materials;transferb) Demand for mineral resources for cement for processing and use nationwide;

c) Scientific and technological progress in exploration, exploitation, and utilization of mineral resources for cement;

Implementation of previous mineral resources development planning for cement; results of strategic environmental assessment.transfer2. Basis for establishing exploration, exploitation, and utilization planning of mineral resources for main construction materials:

a) Demand for mineral resources for main construction materials for processing and use nationwide;transferb) Previous mineral resources development planning for main construction materials; results of strategic environmental assessment.transfer3. Basis for establishing exploration, exploitation, and utilization planning of mineral resources for common construction materials:

a) Exploration, exploitation, and utilization planning of mineral resources for cement; mineral resources for main construction materials; development planning of local construction materials;transferg products for construction materials

b) Demand for mineral resources for common construction materials for processing and use in the locality;transferc) Previous mineral resources development planning for common construction materials; results of strategic environmental assessment.

a) Economic and social development strategies, defense and security plans, regional planning, mineral resource strategies, overall planning for the development of construction materials in Vietnam, planning for the development of main construction material products;transferb) Demand for k

g products for cement processing and use nationwide;transferc) Scientific and technological progress in exploration, exploitation, and utilization of k

g products for cement;transferimplementation of the plan for the exploration, exploitation, and utilization of k

d) Results g products for cement of the previous period; results of strategic environmental assessment.transfer2. Basis for establishing the plan for exploration, exploitation, and utilization of k

g products for main construction materials:transferg products for main construction materials for processing and use nationwide;

a) Economic and social development strategies, defense and security plans, regional planning, mineral resource strategies, overall planning for the development of construction materials in Vietnam, planning for the development of main construction material products;transferb) Demand for k

g products for cement processing and use nationwide;transferg products for main construction materials of the previous period; results of strategic environmental assessment.

g products for cement;transfer3. Basis for planning the development of construction materials at the local level:

d) Results g products for cement of the previous period; results of strategic environmental assessment.transfer3. Basis for establishing the plan for exploration, exploitation, and utilization of k

g products for common construction materials:transfera) Plan for exploration, exploitation, and utilization of k

g products for cement; ktransferg products for main construction materials; local construction materials development plan;transferg products for common construction materials for processing and

g products for cement processing and use nationwide;transferof the locality; use g products for common construction materials;

g products for cement;transferd) Results of implementing the plan for the exploration, exploitation, and utilization of k

g products for common construction materials of the previous period; results of strategic environmental assessment.transferb) Review documents for the plan;ướ3. The dossier for the plan for the exploration, exploitation, and utilization of construction materials is stored and preserved in accordance with regulations.

Article 19. Procedures for drafting, reviewing, and approving planningtransferg products for construction materials

1. Record the Section, prepare the capital plan for the draft outline to be submitted to the competent authority. approving remediation and environmental recovery plans or remediation and environmental recovery plans approval.

2. Implement the planning process in the following steps:

a) Compile the results of basic geological surveys, analyze, and assess mineral resources.transferg products, analyze, evaluate mineral resources.transfer2. Division of responsibilities for state management of construction materials:

b) Prepare reports and related documents;

c) Solicit opinions from Ministries, ministerial-level agencies, of the National Assembly; provincial people's committees related to the matter; complete the planning dossier;

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

Article 20. Content of planning for construction materials minerals

1. The content of exploration, exploitation, and utilization of cement production minerals includes:transfera) Surveying, researching, compiling, evaluating the situation of exploration, exploitation, and utilization of cement production minerals.

b) Evaluate the implementation results of the previous planning period.transferimplementation of the plan for the exploration, exploitation, and utilization of k

c) Determine the demand for cement production minerals and the capacity to meet the demand during the planning period;

d) Delimit detailed mining areas of cement production minerals that need investment in exploitation and exploitation progress. The cement production mineral exploitation area is limited by straight lines connecting closed points shown on the national coordinate system topographic map at an appropriate scale;transfere) Determine the scale, exploitation capacity, requirements for exploitation technology;

f) Solutions, progress in organizing the implementation of the plan;transferg) Strategic environmental assessment by each stage;transfer2. The content of planning for exploration, exploitation, and utilization of main construction materials minerals includes:

b) Evaluate the implementation results of the previous planning period;transferimplementation of the plan for the exploration, exploitation, and utilization of k

c) Determine the demand for main construction materials minerals and the capacity to meet the demand during the planning period;

d) Delimit mining areas of main construction materials minerals that need investment in exploitation and exploitation progress. The main construction materials mineral exploitation area is limited by straight lines connecting closed points shown on the national coordinate system topographic map at an appropriate scale;

g) Strategic environmental assessment by each stage.transfer3. The content of planning for exploration, exploitation, and utilization of general construction materials minerals includes:

b) Evaluate the implementation results of the previous planning period.transfer3. Basis for planning the development of construction materials at the local level:

a) General situation of exploration, exploitation, and utilization of general construction materials minerals of the locality;

d) Delimit detailed mining areas of cement production minerals that need investment in exploitation and exploitation progress. The cement production mineral exploitation area is limited by straight lines connecting closed points shown on the national coordinate system topographic map at an appropriate scale;transferb) Determine the demand for general construction materials minerals of the locality and the capacity to meet the demand during the planning period;

f) Solutions, progress in organizing the implementation of the plan;transferc) Delimit mining areas of general construction materials minerals, including scattered and small-scale areas designated and announced by the Ministry of Natural Resources and Environment that require investment in exploitation and exploitation progress. The general construction materials mineral exploitation area is limited by straight lines connecting closed points shown on the national coordinate system topographic map at an appropriate scale; a) For PPP projects, the tenderer shall post the selection results of investors and attach the approval decision on the System no later than ten days from the date the document is issued in accordance with point b of Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP. d) General situation of exploration, exploitation, and utilization of general construction materials minerals of the locality;transferArticle 21. Planning dossier

b) Evaluate the implementation results of the previous planning period;transfer3. Basis for planning the development of construction materials at the local level:

c) Determine the demand for main construction materials minerals and the capacity to meet the demand during the planning period;

1. Dossier submitted to the competent authority for reviewing the planning of construction materials minerals includes:

a) Main report on the planning including legal basis, explanation, maps, appendices;transferd) Report summarizing feedback and explanations of the opinions of Ministries, ministerial-level agencies,

b) Evaluate the implementation results of the previous planning period.transfer2. Dossier submitted to the competent authority for approving the planning of construction materials minerals includes:

a) General situation of exploration, exploitation, and utilization of general construction materials minerals of the locality;

d) Delimit detailed mining areas of cement production minerals that need investment in exploitation and exploitation progress. The cement production mineral exploitation area is limited by straight lines connecting closed points shown on the national coordinate system topographic map at an appropriate scale;transferb) Review document of the planning; of 3. Planning dossier of construction materials minerals shall be stored and preserved according to regulations.

f) Solutions, progress in organizing the implementation of the plan;transferArticle 22. Responsibilities for planning construction materials mineralstransfer1. The Ministry of Construction organizes the planning including:transferb) Planning for exploration, exploitation, and utilization of main construction materials minerals.

b) Evaluate the implementation results of the previous planning period;transfer2. Provincial People's Committees organize the planning for exploration, exploitation, and utilization of general construction materials minerals; the Department of Construction is the leading unit, assisting in planning for exploration, exploitation, and utilization of general construction materials minerals.1. Fulfilling requirements stipulated in Article 13 of Decree No. 135/2021/NĐ-CP.3. The agency organizing the planning for exploration, exploitation, and utilization of construction materials minerals may select individuals or organizations with suitable capabilities to advise on planning according to regulations.

c) Determine the demand for main construction materials minerals and the capacity to meet the demand during the planning period;

1. Dossier submitted to the competent authority for reviewing the planning of construction materials minerals includes:

Article 23. Responsibilities for reviewing construction materials minerals planningtransferg products for construction materials

1. The Ministry of Construction organizes the review of planning including: Planning for exploration, exploitation, and utilization of cement production minerals; planning for exploration, exploitation, and utilization of other construction materials minerals.transfer2. Provincial People's Committees organize the review of planning for exploration, exploitation, and utilization of general construction materials minerals.

2. The agency organizing the review of planning for construction materials minerals establishes a Review Board.

b) Summary report on the plan;

c) Related documents;

a) For planning for exploration, exploitation, and utilization of main construction materials minerals, the composition of the Review Board includes representatives from the Ministries of Construction, Natural Resources and Environment, Industry and Trade, Agriculture and Rural Development, and other Ministries, ministerial-level agencies, of the National Assembly; d) Strategic environmental assessment report (SEA);

e) Draft proposal and draft decision approving the plan.

2. The documents submitted to the competent authority for approval of the development plan of construction materials include:

b) For planning for exploration, exploitation, and utilization of general construction materials minerals, the composition of the Review Board includes representatives from provincial People's Committees; representatives from Departments of Construction, Natural Resources and Environment, Agriculture and Rural Development, and relevant departments, sectors, and agencies; experts with professional expertise in the field of construction materials minerals.transfer2. Provincial People's Committees organize the review of planning for exploration, exploitation, and utilization of general construction materials minerals.

b) Examination report on the plan;

Article 22. Responsibilities for Establishing Plans for Exploration, Exploitation, and Utilization of Mineral Resources for Construction Materials:

d) Proposal and draft decision approving the plan.

3. The documents for the development plan of construction materials shall be stored and preserved in accordance with regulations.

1. The Ministry of Construction organizes the establishment of plans including:transferb) Plan for exploration, exploitation, and utilization of k

g products for main construction materials.transferg products for construction materials

2. Provincial People's Committees organize the establishment of plans for exploration, exploitation, and utilization of k

g products for cement; ktransferimplementation of the plan for the exploration, exploitation, and utilization of k

g products for common construction materials; the Department of Construction is the leading unit, assistingtransferin establishing plans for exploration, exploitation, and utilization of k

g products for common construction materials.transfer3. The organization responsible for establishing plans for exploration, exploitation, and utilization of k of the National Assembly; 1. Fees for seed tree selection, recognition of mother trees, headstock trees, forest nursery gardens, and seedling forests (for activities conducted by local authorities). organization g products for construction materials selects consulting organizations and individuals with appropriate capabilities to establish plans in accordance with regulations.transferplans for exploration, exploitation, and utilization of k

review plans for exploration, exploitation, and utilization of ktransferg products for construction materials:

Article 23. Appraisal a) The Ministry of Construction organizes reviews of plans including: Plans for exploration, exploitation, and utilization of ktransferg products for construction materials

1. Authority to Issue Licenses and Qualifications for Aircraft Security Screening Staff g products for cement; plans for exploration, exploitation, and utilization of ktransferprovincial people's committees organize reviews of plans for exploration, exploitation, and utilization of k

2. The organization responsible for reviewing plans for exploration, exploitation, and utilization of ktransferg products for construction materials establishes a Review Committee.transferin establishing plans for exploration, exploitation, and utilization of k

b) of the National Assembly; a) For plans for exploration, exploitation, and utilization of ktransferplans for exploration, exploitation, and utilization of k

g products for main construction materials, the composition of the Review Committee includes representatives from the Ministries of Construction, Natural Resources and Environment, Industry and Trade, Agriculture and Rural Development, and other Ministries and agencies at the level of Ministries,transferprovincial people's committees related to the matter; experts with professional qualifications and experience in the field of k

a) For the comprehensive plan for the development of construction materials in Vietnam and the plan for the development of major construction material products, the composition of the Examination Board includes representatives from the following ministries: Construction,

g products for construction materials.transferg products for construction materials establishes a Review Committee.transferb) For plans for exploration, exploitation, and utilization of k of the National Assembly; g products for common construction materials, the composition of the Review Committee includes representativestransferprovincial people's committees; representatives from the Departments of Construction, Natural Resources and Environment, Agriculture and Rural Development, and relevant Departments and sectors; experts with professional qualifications in the field of k

c) The consistency of the plan with the national economic and social development strategy, mineral resource strategy;transferc) The consistency of the plan with the national economic and social development strategy, mineral resource strategy; of the National Assembly; the contents of the plan;transferprovincial people's committees; representatives from the Departments of Construction, Natural Resources and Environment, Agriculture and Rural Development, and relevant Departments and sectors; experts with professional qualifications in the field of k

Article 24. Content of the review of the planning for construction materials minerals

1. The content of the review of the exploration, exploitation, and utilization planning for minerals used in cement production includes:transferc) The consistency of the planning with the national socio-economic development strategy, mineral strategy; its uniformity with the overall planning for the development of construction materials in Vietnam, the main product development planning for construction materials, and other related industry planning;

b) Scientific basis and reliability of information, data, and documents for developing the plan;

c) Consistency of the plan

g products for common construction materials, including: consistent plans for exploration, exploitation, and utilization of ktransferwith the duties assigned in accordance with the Law.

d) The appropriateness of the planning contents;

đ) The feasibility in determining the scale, exploitation capacity, and requirements for exploitation technology;transferimplementation of the plan for the exploration, exploitation, and utilization of k

e) Implementation solutions for the planning, the feasibility of the planning, and management measures to implement the planning;

g) The consistent of the plan with environmental protection strategies.

2. The content of the review of the exploration, exploitation, and utilization planning for main construction material minerals includes:transferc) The consistency of the planning with the national socio-economic development strategy, mineral strategy; the appropriateness of the planning contents;

b) Scientific basis and reliability of information, data, and documents for developing the plan;

c) Consistency of the plan

2. The head of the planning project must meet the following conditions:transferwith the duties assigned in accordance with the Law.

regarding Objectives, Views, and Directions for the development of major construction material products in Vietnam at each stage; key economic and technical indicators; reasonable allocation schemes of resources; consistent a) Have a bachelor's degree or equivalent or higher;

đ) The feasibility in determining the scale, exploitation capacity, and requirements for exploitation technology;transfer3. Basis for planning the development of construction materials at the local level:

e) Implementation solutions for the planning, the feasibility of the planning, and management measures to implement the planning;

g) The consistency of the planning with the environmental protection strategy;

3. The content of the review of the exploration, exploitation, and utilization planning for ordinary construction material minerals includes:transferb) Have

b) Scientific basis and reliability of information, data, and documents for developing the plan;

c) Consistency of the plan

g products for common construction materials, including: consistent The consistency of the planning with the local socio-economic development strategy, mineral strategy; the uniformitytransferof the exploration, exploitation, and utilization planning for main construction material minerals; the local construction material development planning, and other related planning; in the Field of Teachers and Educational Institution Managers participated in the work of developing construction materials development plans, mineral resource exploration, exploitation, and utilization plans for at least five (05) years;transferg products for construction materials establishes a Review Committee.transferArticle 25. Approval authority for the planning of construction material minerals

d) The appropriateness of the planning contents;

đ) The feasibility in determining the scale, exploitation capacity, and requirements for exploitation technology;transferd) Results of implementing the plan for the exploration, exploitation, and utilization of k

e) Implementation solutions for the planning, the feasibility of the planning, and management measures to implement the planning;

g) The consistent 1. The Prime Minister decides on the approval of: in the Field of Teachers and Educational Institution Managers 2. Content of examination of the plan for the development of major construction material products, including:

a) Exploration, exploitation, and utilization planning for minerals used in cement production;transferg products for construction materials

2. The Chairman

of the People's Committee of the province decides on the approval of the exploration, exploitation, and utilization planning for construction material minerals;

g products for common construction materials; the Department of Construction is the leading unit, assistingtransferin establishing plans for exploration, exploitation, and utilization of k

3. The authority approving the planning for construction material minerals is the authority that adjusts the planning for construction material minerals; of the National Assembly; Article 26. Publication of the planning for construction material mineralstransferplans for exploration, exploitation, and utilization of k

1. The Ministry of Construction publishes the exploration, exploitation, and utilization planning for main construction material minerals on the Ministry of Construction’s electronic information website.transferThe People's Committee of the province organizes the publication of the exploration, exploitation, and utilization planning for ordinary construction material minerals on the electronic information website oftransferprovincial people's committees; representatives from the Departments of Construction, Natural Resources and Environment, Agriculture and Rural Development, and relevant Departments and sectors; experts with professional qualifications in the field of k

3. Within thirty days from the date the exploration, exploitation, and utilization planning for construction material minerals is approved by the competent state authority, the organization responsible for establishing the planning must publish the planning.transferg products for construction materials

Section 3. CAPACITY CONDITIONS OF CONSULTANCY ORGANIZATIONS FOR PLANNING AND EXPENSES FOR PLANNING WORK IN THE CONSTRUCTION MATERIALS SECTORtransferg products for construction materials establishes a Review Committee.transferArticle 27. Capacity conditions of consultancy organizations for planning in the construction materials sector

2. of the National Assembly; 1. Having consulting functions for the development planning of construction materials, mineral planningtransfercorresponding to the work undertaken in accordance with the Law. of the National Assembly; and the Department of Construction’s website.

2. The project manager for the planning must meet the following conditions:transfera) Having a bachelor's degree or equivalent or higher;

b) Having

participated in the development planning of construction materials, mineral planning for construction materials for at least five (05) years;

c) Having participated in establishing at least one (01) development planning of construction materials, mineral planning for construction materials approved by the Prime Minister or the Minister of Construction; or having participated in establishing at least three (03) development planning of construction materials, mineral planning for construction materials approved by the Chairmantransferg products for construction materials consistent c) Have participated in developing at least one (01) construction materials development plan, mineral resource exploration, exploitation, and utilization plan approved by the Prime Minister or the Minister of Construction; or have participated in developing at least three (03) construction materials development plans, mineral resource exploration, exploitation, and utilization plans approved by the Chairperson

of the provincial people's committee;

2. The basis for processing k

b) Has during the participated in the work of establishing plans for the development of construction materials and production plans for products used as construction materials for at least five (05) years;transferc) Has participated in the establishment of at least one (01) plan for the development of construction materials and production plans for products used as construction materials approved by the Prime Minister or the Minister of Construction; or has participated in the establishment of at least three (03) plans for the development of construction materials and production plans for products used as construction materials approved by the Chairperson

of the People's Committee at the provincial level or higher;transfer2. Processing facilitiestransferg sản làm vật liệu xây dựng được Chủ tịch of the National Assembly; f) The provincial people's committee shall approve the resolution, dividing (:) by the lease term multiplied (x) by the remaining lease period from the effective date of Decree No. 135/2016/NĐ-CP, then dividing (:) by the annual land rent payable determined according to the policy and land value at January 1, 2016, implemented by the tax authority.

Article 28. Funding for planning activities in the construction materials sector

1. The funding for planning activities in the construction materials sector includes: Costs for developing plans, organizing plan reviews, announcing plans, and disseminating plans.

2. The funding for planning activities in the construction materials sector shall be allocated from the state budget. The preparation of budgets, payment, and settlement of funds for planning activities shall be carried out in accordance with the laws on the state budget. for ngân sách nhà nước.

3. The State encourages domestic organizations and individuals and organizationforeign individuals to provide financial support or assistance for planning activities.

Chapter III

ACTIVITIES ON INVESTMENT AND PRODUCTION OF CONSTRUCTION MATERIALS

Article 29. Requirements for production in the Field of Teachers and Educational Institution Managers Project a) For PPP projects, the tenderer shall post the selection results of investors and attach the approval decision on the System no later than ten days from the date the document is issued in accordance with point b of Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP. of construction materials new rural areas

1. Investment projects for producing construction materials must comply with approved development plans for construction materials and must adhere to the laws on investment construction.

2. Main investment projects for producing construction materials must select advanced and modern technology and equipment that meet criteria for raw material consumption, fuel, energy, and environmental protection requirements according to approved main development plans for construction materials.

3. For main investment projects for producing construction materials, the investment registration authority must seek the opinion of the Ministry of Construction before submitting to the competent authority for investment approval.

Article 30. Processing activities of raw materials for construction materialstransferg sản làm vật liệu xây dựng, b) Organizing the implementation of mechanisms to encourage, support, and guide the development of new business models based on e-commerce applications and digital technology; ktransferg products for construction materials

1. Processing activities of raw materials for construction materials must comply with the laws on raw materials, environment, labor, and other related laws.transfer2. Raw material processing facilities must have trained staff capable of operating technological equipment and controlling product quality; they must use advanced and modern processing equipment suitable for each type of raw material to maximize the recovery rate of processed raw materials and meet environmental emission standards.transfer3. The Ministry of Construction will guide the degree of deep processing of raw materials for construction materials and the export of such raw materials.

2. Cơ sở chế biến ktransferArticle 31. Rights and obligations of organizations and individuals producing construction materialstransfer1. Rights of organizations and individuals producing construction materials:transfera) To choose and decide on the processing technology of raw materials and production of construction materials in accordance with the law;

b) To choose and decide on and announce the quality standards of construction materials produced by themselves;

c) To decide on internal measures for product quality control and environmental protection according to quality and environmental standards.

2. Obligations of organizations and individuals producing construction materials:

a) To announce applicable standards and conformity declarations for products that must conform to standards and bear responsibility for the quality of products produced by themselves;transferb) To implement all contents of the investment approval decision fully and correctly;

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;

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

đ) To cease production and take corrective actions when discovering that construction materials do not meet quality standards and pose risks to traders and users; to compensate for losses caused by using substandard construction materials;

e) To comply with regulations on inspection, supervision, periodic or ad hoc reporting to competent state authorities; new rural areas g) To provide comprehensive information about production activities, product quality, and environmental conditions to state management agencies.

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

c) Implement accurately and fully the contents stated in the environmental impact assessment report, the requirements of the decision approving the environmental impact assessment report, or the contents recorded in the environmental protection commitment and other provisions of the law on mineral resources, environmental protection;transferg production, environmental protection;

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

đ) Cease production and take measures to mitigate consequences when discovering that construction materials do not meet quality standards and pose a risk of causing damage to traders and users; compensate for losses caused by the use of construction materials that do not meet quality standards;

e) Comply with regulations on inspection, supervision, periodic or ad hoc reporting systems of competent state agencies;

g) Provide full information about production activities, product quality, and environmental conditions to relevant state management agencies; approving remediation and environmental recovery plans or remediation and environmental recovery plans in accordance with the law.

Article 32. Provisions on the use of chrysotile asbestos in the production of construction materials

1. Provisions for production facilities that use chrysotile asbestos as raw material in the production of construction materials:

a) Only use chrysotile asbestos with clear origin and source to produce construction materials;

b) Ensure that the concentration of chrysotile asbestos fibers in the production area does not exceed 0.1 fibers/ml of air averaged over 8 hours and does not exceed 0.5 fibers/ml of air averaged over 1 hour;

c) Prevent damage, breakage of packaging, and spillage during transportation of raw chrysotile asbestos;

d) Do not use chrysotile asbestos as filler, padding, or insulation material in construction projects unless it has been mixed with binding agents to ensure that chrysotile asbestos fibers do not diffuse into the air;

đ) Have plans to handle waste products, materials, dust, and wastewater from the production process for reuse or safe disposal according to regulations; Installation 8 ||| e) Comply with approved investment decisions, environmental impact assessments, and regulations on labor safety and environmental protection;

f) Must organize regular monitoring and supervision of water and air environments within the production facility at a frequency of once every three months;

g) Workers directly involved in the production process must be equipped with labor protective gear as prescribed; in the Field of Teachers and Educational Institution Managers h) Organize regular health check-ups and chest X-rays for all staff, workers, and employees in accordance with the Ministry of Health's regulations; health examination results must be kept at healthcare facilities and production facilities.

2. Provisions for the controlled use of construction materials containing chrysotile asbestos as raw material:

a) Only allow the use of construction materials containing chrysotile asbestos when these products have been officially announced;

b) Necessary measures must be applied to control the generation of chrysotile asbestos dust during activities such as cutting, sawing, grinding, drilling of construction materials containing chrysotile asbestos;

c) Environmental protection plans must be established before carrying out demolition, repair, or renovation work involving construction materials containing chrysotile asbestos; In this Circular, the following terms are understood as follows: d) Collect and transfer waste construction materials containing chrysotile asbestos to designated locations; these waste materials must not be used as road spreading material. In this Circular, the following terms are understood as follows: MANAGEMENT OF QUALITY AND TRADING OF CONSTRUCTION MATERIALSutedArticle 33. Requirements for the quality of construction materials and goods assessment.

The quality of construction materials and goods must comply with legal provisions on product quality and simultaneously meet the following requirements:

1. Construction materials and goods produced domestically and put on the market must meet the following requirements:

a) Construction materials and goods must meet published standards;

Chapter IV

b) If construction materials and goods must comply with technical regulations, they must ensure quality according to those technical regulations and be certified and announced as compliant;

c) For construction materials and goods without national standards, manufacturers must take responsibility for announcing their own standards; it is encouraged to use international, regional, or foreign standards as basis standards;

d) If construction materials and goods require product labels, the labels must contain complete information as stipulated by law; consistent đ) Construction materials and goods that have been certified and announced as compliant must comply with legal provisions regarding standards and technical regulations concerning marks and their use;

2. Imported construction materials and goods must announce applicable standards; construction materials and goods managed by national technical regulations must comply with corresponding technical regulations;

3. Construction materials and goods used in construction projects must ensure quality, meet standards and technical regulations, and comply with design specifications.

b) Construction materials and products must comply with technical standards if they are required to ensure quality according to those standards and obtain certification assessment and publicize conformity;

c) For construction materials and products without national standards, manufacturers must be responsible for announcing basic standards; it is encouraged to use international standards, regional standards, or foreign standards as basic standards;

d) When construction materials and products require labeling, the label must contain all necessary information as prescribed by law; for product labeling; issued;

đ) Construction materials and products that have been certified as conforming and announced assessment must comply with legal provisions regarding standards and technical regulations concerning marks assessment and the use of marks; assessment.

2. Imported construction materials and products must announce applicable standards; construction materials and products managed by national technical standards must comply with those standards national corresponding;

3. When using construction materials and products in construction projects, they must ensure quality of the document simultaneously poor quality of the document quality, meet standards and technical regulations, and comply with design specifications;

Article 34. Requirements for Construction Material Business Operations

Construction material business operations must comply with laws on commerce and simultaneously meet the following requirements:

1. AGAINST Construction material retail stores and supermarkets must have sufficient warehouse and storage areas to ensure the preservation and entry-exit of construction material products.

2. Must have adequate fire prevention and firefighting equipment, safety signs at construction material business locations for flammable, odorous, toxic chemical, and dusty materials.

3. Damaged or deteriorated construction materials Industry and during transportation, storage, and sale, organizations and individuals must be responsible for recovery and disposal.

Article 35. Rights and Obligations of Organizations and Individuals Engaged in Construction Material Business Operations

1. Rights of organizations and individuals engaged in construction material business operations:

a) Have the rights of traders selling goods as stipulated by commercial laws;

b) Decide on internal control measures regarding construction material quality.

2. Obligations of organizations and individuals engaged in construction material business operations:

a) Comply with requirements for construction material business operations as prescribed by commercial laws;organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. b) Bear responsibility and compensate for damages caused by providing construction material products and goods that do not meet quality standards,

affecting construction project quality;1. Fulfilling requirements stipulated in Article 13 of Decree No. 135/2021/NĐ-CP.and monitor the transportation, storage, and preservation processes to maintain product quality; Not deposited into temporary account c) Provide full information and documentation about product quality and conditions required for transportation, storage, and preservation of construction material products and goods to buyers; In this Circular, the following terms are understood as follows:d) Must establish procedures to provide full information and handling measures for buyers when construction material products and goods fail to meet the quality standards set by manufacturers, importers, or distributors; quality of the document simultaneously poor quality of the document g) Implement price declarations as prescribed. quality of the document simultaneously poor quality of the document Article 36. Export and Import of Construction Materials

c) Organization 1. Requirements for organizations and individuals exporting construction materials: new rural areas a) Ensure construction material quality meets trade contract specifications;

b) Adhere to export construction material quality requirements stipulated in international treaties to which Vietnam is a party;

c) In cases where construction materials are re-imported for domestic use, exporters must fulfill obligations as prescribed for construction material importers;

e) Comply with regulations on inspection, supervision, periodic or ad hoc reporting systems of competent state agencies;

d) Be subject to management by competent state agencies, annually and at random, must report to the Construction Department of the province or centrally-administered city where the business registration is located to compile reports on the export of major construction material products and goods to the Ministry of Construction;

organizations and individuals importing construction materials:

a) Be responsible for the quality of imported construction material products and goods;

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

c) Be responsible for the re-export of imported construction materials that do not conform to technical regulations and published standards;

d) Imported construction materials that do not meet technical regulations and published standards but cannot be re-exported or recycled, importers must destroy within the prescribed period, bear all costs for destruction, and be liable for compensation to related parties;

đ) Provide full information and documentation about product quality and conditions required for transportation, storage, and preservation of construction materials to sellers and users;

2. Requirements for e) Comply with inspection, supervision, and regular or random reporting requirements of state agencies.

POLICY FOR DEVELOPMENT OF CONSTRUCTION MATERIALS THAT CONSERVE MINERAL RESOURCES, ENERGY, AND ARE ENVIRONMENTALLY FRIENDLY

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

c) Be responsible for re-exporting imported construction materials that do not consistent comply with technical standards and announced applicable standards;

d) Imported construction materials that do not meet technical standards and announced applicable standards but cannot be re-exported or recycled, importers must destroy them within the specified period, bear all costs for destruction, and be liable for compensation to related parties;

đ) Provide full information and documentation about product quality and conditions to be followed during transportation, storage, and preservation of construction materials for traders and users; In this Circular, the following terms are understood as follows: construction materials;

e) Comply with regulations on inspection, supervision, periodic or ad hoc reporting systems of competent state agencies; approving remediation and environmental recovery plans or remediation and environmental recovery plans.

Chapter V

POLICY FOR DEVELOPMENT OF CONSTRUCTION MATERIALS THAT CONSERVE MINERAL RESOURCES, ENERGY, AND ARE ENVIRONMENTALLY FRIENDLY

Article 37. General Policy on the Development of Construction Materials Conservation of Natural Resources, Energy Saving, and Environmental Friendlinesstransferg production, Energy conservation, environmentally friendly

1. The State encourages and creates conditions for organizations and individuals to research, develop, apply science and technology, and invest in producing construction materials that conserve natural resources, save energy, and are environmentally friendly.transferg production, Energy conservation, environmentally friendly.

2. Organizations and individuals researching, developing, applying science and technology, and investing in producing construction materials that conserve natural resources, save energy, and are environmentally friendly shall enjoy preferential policies and investment support from the State.transferg production, Energy conservation, and environmentally friendly construction materials enjoy preferential policies and investment support from the State.

3. The State restricts and eliminates according to a schedule production facilities for construction materials with outdated technology, high raw material consumption, high energy consumption, and environmental pollution.

4. The Ministry of Construction guides the use of construction materials that conserve mineral resourcestransfer4. The Ministry of Construction shall guide the use of construction materials that conserve natural resources, save energy, and are environmentally friendly in construction projects.

Article 38. Types of Projects for Research and Development, Investment in Production of Construction Materials Conservation of Natural Resources, Energy Saving, and Environmental Friendliness Enjoying Preferential Policies and Investment Support new rural areas Conserve mineral resourcestransferg production, Energy conservation, and environmentally friendly construction materials enjoy preferential policies and investment support from the State.ướspecialized agency under the People's Committee of the province/city.

1. Scientific and technological research and development projects for construction materials. new rural areas Conserve mineral resourcestransferg production, Energy conservation, environmentally friendly.

2. New investment projects and expanded production of non-fired construction materials must ensure production capacity:

2. New investment projects and expanded production projects for non-fired construction materials ensuring scale capacity:³a) Projects producing lightweight non-fired construction materials (specific gravity not exceeding 1,000 kg/m³) with a production capacity of at least 50,000 m³/year per production line;³/year or more;

- Projects producing concrete bricks (cement-aggregate bricks) with a production capacity of at least 10 million standard bricks/year per production line.

3. Investment projects for processing and utilizing waste from thermal power plants, fertilizer chemical plants, and metallurgical plants to produce construction materials must ensure production capacity:

3. Projects for processing and utilizing waste from thermal power plants, fertilizer and chemical factories, and metal smelters to produce construction materials ensuring scale capacity:

a) Projects processing and utilizing ash and slag with a capacity of at least 100,000 tons/year;

4. Investment projects for systems to utilize exhaust heat in cement production to generate electricity.

b) Projects processing and utilizing gypsum with a capacity of at least 50,000 tons/year.

6. Investment projects for producing other construction materials with resource conservationtransfer4. Projects investing in systems to utilize exhaust heat in cement production for power generation.

AND of Construction taking the lead, coordinate features, subject to review by the Ministry of Science and Technology and submission to the Prime Minister for decisions on projects eligible for preferential policies and investment support under this Clause.

5. Projects for processing and utilizing household waste as fuel in construction material production with a capacity of at least 200 tons/day.

1. Regarding in the Field of Teachers and Educational Institution Managers 6. Projects for producing other types of construction materials with superior resource conservation, energy-saving, and environmental-friendly features compared to similar construction materials;

with the Ministry of Science and Technology appraising and submitting to the Prime Minister for decision on projects enjoying preferential policies and investment support under this Clause.

b) Other relevant preferential policies and support.

Article 39. Preferential Policies and Support

1. For scientific and technological research and development projects specified in Clause 1, Article 38 of this Decree:

a) They shall enjoy tax and credit preferential policies as stipulated in Articles 64 and 65 of the Law on Science and Technology 2013;

b) Other relevant preferential and support policies.

3. Regarding in the Field of Teachers and Educational Institution Managers 2. For investment projects specified in Clauses 2, 3, and 6, Article 38 of this Decree: a) For PPP projects, the tenderer shall post the selection results of investors and attach the approval decision on the System no later than ten days from the date the document is issued in accordance with point b of Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP. a) They shall enjoy investment preferential policies as stipulated in Clause 1, Article 15 and investment support as stipulated in Clause 1, Article 19 of the Investment Law 2014;utedb) They shall be supported in transferring technology costs for projects with technology transfer costs as stipulated in Article 9 and Article 39 of the Law on Technology Transfer 2006;organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular. c) Other relevant investment preferential and support policies.utedthe Energy Saving and Efficiency Program in 2010;

3. For investment projects specified in Clause 4, Article 38 of this Decree shall enjoy preferential policies and support similar to those for renewable energy development projects as stipulated in the Law on Efficient and Effective Energy Use 2010; in the Field of Teachers and Educational Institution Managers investment projects stipulated in Clause 5, Article 38 of this Decree:

4. For investment projects specified in Clause 5, Article 38 of this Decree:uteda) They shall enjoy preferential policies as stipulated in Clause 2 of this Article;

b) They shall be additionally supported with a minimum cost equivalent to the local waste disposal fee for landfill or incineration sites from the local budget.

Article 40. General requirements for the use of waste in the production of construction materials

1. For production facilities that process and use waste as raw materials and fuel in the production of construction materials:

a) The operation of production facilities that process and use waste as raw materials and fuel in the production of construction materials must comply with the provisions of laws on construction and environmental protection; a) For PPP projects, the tenderer shall post the selection results of investors and attach the approval decision on the System no later than ten days from the date the document is issued in accordance with point b of Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP. and operations of construction material production facilities that process and use waste as raw materials or fuel in production must comply with laws on construction and environmental protection;

b) Must have appropriate means to transport and store waste in accordance with technical requirements;

c) Construction materials use c) Construction materials made from waste raw materials must meet health and environmental protection standards;

d) Construction materials products that use waste as raw materials or fuel must meet technical standards and regulations;

2. Regarding in the Field of Teachers and Educational Institution Managers d) Products made using waste as raw materials and fuel must meet technical standards and specifications.

For the owners of facilities emitting ash, slag, and gypsum from thermal power plants, fertilizer chemical plants, and metallurgical plants: approving remediation and environmental recovery plans or remediation and environmental recovery plans for a) Must comply with environmental laws and other regulations set by state agencies;

b) Have the responsibility to classify and pre-treat fly ash, slag, gypsum to ensure technical standards and regulations for raw materials in construction material production;

c) In case b) Have the responsibility to classify and pre-treat ash, slag, and gypsum to meet technical standards and specifications for use as raw materials in the production of construction materials;

Chapter VI

IMPLEMENTATION

If they lack the capability to classify and pre-treat ash, slag, and gypsum, they must hire units with sufficient capacity to perform classification and pre-treatment to meet technical standards and specifications for use as raw materials in the production of construction materials.

Article 41. Responsibilities of the Ministry of Construction

1. Drafting, submitting to competent authorities for issuance, or issuing within its authority, normative legal documents on construction materials; planning for the development of construction materials, mineral resources for construction materials; programs and projects for the development of resource-efficient, energy-saving, and environmentally friendly construction materials; guiding and organizing the implementation of normative legal documents, plans, programs, and projects approved by competent authorities.

3. Select and announce a list of organizations and individuals with sufficient capability to assess compliance for construction materials and products according to the Law on Product Quality and Safety.

2. Issuing the List of products and goods of construction materials group II and corresponding national technical standards according to the division of labor by the Government. use construction materials.

3. Selecting and announcing lists of organizations and individuals with sufficient capacity to assess conformity for construction material products and goods in accordance with the Product Quality Law.transferprovincial people's committees; representatives from the Departments of Construction, Natural Resources and Environment, Agriculture and Rural Development, and relevant Departments and sectors; experts with professional qualifications in the field of k

6. Take the lead and coordinate with relevant ministries, sectors, and localities (if necessary) to organize inspections, audits, and handle violations in the field of construction materials nationwide.

4. Guiding the implementation of legal provisions encouraging or restricting investment, production, and business activities related to construction materials.utedas stipulated in this Decree and related regulatory legal documents.

5. Guiding activities related to technology assessment, product quality evaluation for construction materials; processing technology and quality control.

1. Develop and submit to the competent authority for issuance, or issue within their authority, specific policies on the development of construction materials in accordance with the assigned fields of responsibility.

2. Coordinate with the Ministry of Construction to implement state management tasks, inspection, audit work, and handle violations in the field of construction materials.

6. Leading and coordinating with relevant ministries, sectors, and localities (if necessary) to organize inspections, audits, and handle violations in the field of construction materials nationwide. of the National Assembly; Pursuant to Decree No. 152/2020/NĐ-CP dated December 30, 2020 of the Government stipulating foreign workers working in Vietnam and the recruitment and management of Vietnamese workers working for foreign organizations and individuals in Vietnam;

1. Organization implement regulatory legal documents and state management tasks.ướ7. Other tasks in the field of construction materials as prescribed in this Decree and related normative legal documents. approving remediation and environmental recovery plans or remediation and environmental recovery plans.

Article 42. Responsibilities of Ministries and Agencies Equivalent to Ministries reason 2. Cooperating with the Ministry of Construction to implement state management tasks, inspection, audit, and handling of violations in the field of construction materials.

3. Monitor, statistics, REGULAR Article 43. Responsibilities of Local Authorities

4. Promote, disseminate, and provide guidance on laws and information about activities in the field of construction materials at the local level.

Implementing normative legal documents and state management tasks concerning construction materials in their respective areas in accordance with the law. new rural areas within the province or centrally administered city.

2. Managing the quality of construction material products and goods in their locality in accordance with the law.

7. Other management tasks for construction materials as prescribed by law.

Article 44. Transitional Provisions

1. Development plans for construction materials and mineral development plans for construction materials that have been approved before the effective date of this Decree shall continue to be implemented until the planning is adjusted or replaced.

2. Investment projects in the field of construction materials that have been approved before the effective date of this Decree do not need to be re-approved; activities that have not yet been carried out shall be conducted in accordance with the provisions of this Decree.

3. In cases where this Decree stipulates more favorable policies than those currently enjoyed by investors, investors shall enjoy the benefits under this Decree for the remaining period of the project's benefit period.

In cases where this Decree stipulates less favorable policies than those previously enjoyed by investors, investors shall continue to apply the previous regulations for the remaining period of the project's benefit period.

Article 45. Effective Date

1. This Decree takes effect from May 26, 2016, and replaces Government Decree No. 124/2007/NĐ-CP dated July 31, 2007, on management of construction materials.

2. Ministries,ưởagencies at the level of ministries, heads of government agencies, chairmen of the National Assembly; of provincial people's councils directly under the central government, and related organizations and individuals are responsible for implementing this Decree.

Place of Receipt: - Central ograms and- All General Bureaus, Departments, Directorates, - Prime Minister, Deputy Prime Ministers; - Ministries, agencies equivalent to ministries, and government agencies; Central Steering Committee of the Vietnam Fatherland Front PEOPLE'S COMMITTEE of centrally governed cities and provinces; - Culture, Central Party Committees and Party Committees; - General Secretary's Office; - Culture, Renewal or reissue - Ethnic Council and other of the National Assembly; committees of the National Assembly; - Culture, Committee of the National Assembly; - Supreme People's Court; - Supreme People's Procuracy; - of the National Assembly; Rare Earth Ore - State Audit Agency; - Social Policy Bank; - Vietnam Development Bank; - of the National Assembly; - Gazette; Government Portal; Ministry of Finance Portal; - Central Agencies of Mass Organizations; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - To be filed: VT, KTN (3b).KN

PRIME MINISTER PRIME MINISTER Nguyen Tan Dung