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blue-check Project investing in cement grinding plant belongs to the building material manufacturing industry

Official letter No. 1337/BXD-VLXD dated April 23rd, 2021 of the Ministry of Construction regarding determination of building material manufacturing industry
VietlawOnline

The Ministry of Construction, based on Table 1 of QCVN 16:2019/BXD, Clause 1 Article 3 of Decree No. 09/2021/ND-CP and Appendix I of Decision No. 1266/QD-TTg dated August 18th, 2020, affirms that a project investing in cement grinding plant belongs to the building material manufacturing industry. Read more

Accordingly, the execution of this project must comply with regulations on management of building materials.

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blue-check Project investing in cement grinding plant belongs to the building material manufacturing industry

Official letter No. 1338/BXD-VLXD dated April 23rd, 2021 of the Ministry of Construction regarding determination of building material manufacturing industry
VietlawOnline

According to Table 1 - List of group-2 products, goods of building materials at QCVN 16:2019/BXD, “cement” is considered to be “group-2 building material”. Read more

Accordingly, a project investing in cement grinding plant and cement packaging line is considered belonging to the building material manufacturing industry, therefore it has to comply with the regulations on management of building materials at Decree No. 09/2021/ND-CP .

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blue-check It is required to have the certificate of regulation conformity and the certificate of declaration of regulation conformity upon selling building materials on the market

Official letter No. 741/BXD-KHCN dated March 5th, 2021 of the Ministry of Construction regarding implementation of Circular No. 19/2019/TT-BXD
VietlawOnline

According to Section 1.4.3 Part I of QCVN 16:2019/BXD promulgated together with No. 19/2019/TT-BXD, products, goods of building materials regulated at Table 1 Part 2 of this National Technical Regulation, when being sold in the market, must have the certificate of regulation conformity, the certificate of declaration of regulation conformity and/or the announcement of receipt of application for regulation conformity declaration of local Departments of Construction where organizations, individuals registered their business. Read more

Regarding procedures for registering the regulatory inspection of imported building materials, to carry out according to point 2c Clause 3 Article 1 of Decree No. 74/2018/ND-CPstatus2 .

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blue-check New regulations on production and use of building materials

Decree No. 09/2021/ND-CP dated February 9th, 2021 of the Government on management of building materials
VietlawOnline

This Decree provides for managing development and production of building materials and use of building materials in construction works, ensuring safety, effectiveness, sustainable development, environmental protection and natural resource saving. Read more

Accordingly, for projects on construction of works for building material production, this Decree supplements the regulation according to which it is required to seek comments of the building material authority upon approving investment guidelines.

Domestically produced building materials must meet published standards when they are sold in the market. If national standards applied to building materials have not been available, it is required to meet internal standards.

With regard to imported building material, standards must be published or they have to meet national technical regulations (in case the building materials are managed under national technical regulations).

Works using by public investment funds and non-public investment state funds must use unbaked building materials, natural resource- and energy-saving and environment-friendly building materials and building materials domestically produced. The compulsory roadmap shall be introduced by the Prime Minister.

Works funded by other sources of capital are recommended to use the aforesaid building materials (not be compulsory)

This Decree takes effect from the date of its signing and replaces Decree No. 24a/2016/ND-CPstatus1 and Decree No. 95/2019/ND-CPstatus1 .

Projects on construction of works for building material production whose investment guidelines were approved before the effective date of this Decree, it is not required to seek comments of building material authorities as prescribed in Article 6 of this Decree. Projects whose investment guidelines have not been approved, regulations set out in this Decree shall be complied with.

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blue-check Import of group 2 building materials must certify the regulation conformity

Official letter No. 37/BXD-VLXD dated January 6th, 2021 of the Ministry of Construction regarding state examination registration of quality of goods of building materials
VietlawOnline

According to section 1.4.3 part 1 of QCVN 16:2019/BXD, when group 2 building materials are sold in the market, it is required to have the certificate of regulation conformity, the certificate of declaration of regulation conformity and/or the announcement of receipt of application for regulation conformity declaration of provincial Department of Construction where the company registered business. Read more

The aforesaid regulation also applies to group 2 building materials imported (regulated at table 1 part 2 of QCVN 16:2019/BXD).

Accordingly, group 2 building materials imported must register for quality examination and certification of regulation conformity, declaration of regulation conformity before they are sold in the market.

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blue-check Some issues relating to implementation of QCVN 16:2019/BXD

Official letter No. 5931/BXD-KHCN dated December 10th, 2020 of the Ministry of Construction regarding guidelines on some issues relating to implementation of QCVN 16:2019/BXD
VietlawOnline

According to this Official letter, imported building materials after obtaining the Announcement of result of quality-related state inspection have to further carry out procedures for declaration of regulation conformity at provincial/multiple Departments of Construction. Read more

When building materials are sold in the market, it is required to have certificate of regulation conformity, the certificate of regulation conformity declaration and the announcement of receipt of application for regulation conformity declaration of Departments of Construction.

Regarding specification of sampling for quality inspection with regard to tubes and components, it is carried out according to the guidelines provide at Clause 7 Section VI Table 1 of QCVN 16:2019/BXD.

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blue-check Conditions for exemption from inspection of quality of building materials

Official letter No. 4949/BXD-VLXD dated October 12th, 2020 of Ministry of Construction regarding exemption from, reduction of quality inspection with regard to imported group-2 commodities under Decree No. 74/2018/ND-CPstatus2
VietlawOnline

According to Section III.2 Table 1 Part 2 of Circular No. 19/2019/TT-BXD “Natural stone slabs” are group-2 building materials subject to technical-regulation conformity, technical-regulation declaration. Read more

The exemption from, reduction of quality inspection with regard to imported group-2 building materials now only is given to shipments meeting the conditions and procedures specified in Clause 3 Article 1 of Decree No. 74/2018/ND-CPstatus2 .

Accordingly, imported building materials which have the same name, usage, brand, type, technical specifications, are made by a manufacturer, are of the same origin, etc. and, after 03 consecutive imports, gain the results of conformity with the national technical regulations, shall be exempt from quality inspection within a period of 02 years.

The application for certification of exemption from quality inspection shall be made according to Clause 3 Article 4 of Decree No. 154/2018/ND-CP and sent to the Department of Science and Technology - Ministry of Construction.

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blue-check Regarding certification of regulation conformity of construction glass

Official letter No. 4263/BXD-KHCN dated September 1st, 2020 of the Ministry of Construction regarding issues relating to issues relating to certification of regulation conformity and quality inspection of construction glass
VietlawOnline

According to Clause 1.1.2 Section 1.1 Part 1 of QCVN 16:2019/BXD promulgated together with Circular No. 19/2019/TT-BXD, this Regulation does not apply to products, goods of building materials imported in the form of samples, sample goods, goods on display at exhibitions or fairs; goods temporarily imported for re-export without consumption and use in Vietnam, goods in transit. Read more

Accordingly, in case a company imports construction glass, if it belongs to the aforesaid exceptional entities, the company has to conduct the certification of regulation conformity according to QCVN 16:2019/BXD.

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blue-check It is prohibited from import of cemguard fly ash in any form

Official letter No. 5347/TCHQ-GSQL dated August 13th, 2020 of the General Department of Vietnam Customs regarding import of cemguard fly ash
VietlawOnline

According to the General Department of Vietnam Customs’ opinions, “Cemguard fly ash” belongs to the List of hazardous waste substances promulgated together with Circular No. 36/2015/TT-BTNMTstatus2 . Read more

Concurrently, cemguard fly ash is not on List of scraps allowed to be imported for use as production materials promulgated at Decision No. 73/2014/QD-TTgstatus1 .

As the result, cemguard fly ash is prohibited from importing in any form according to Clause 9 Article 7 of the Law on Environment Protection.

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blue-check Cemguard fly ash is prohibited from import but that derived in the country is still allowable to be used

Official letter No. 2384/TCMT-QLCT dated July 29th, 2020 of Vietnam Environment Administration regarding policy on management of cemguard fly ash discharged from thermal power plants
VietlawOnline

According to Vietnam Environment Administration’s opinions, 2014 Law on Environment Protection prohibits the import, transit of waste substances from overseas countries in any form. In addition, cemguard fly ash is not on the List of scraps allowed to be imported as regulated at Decision No. 73/2014/QD-TTgstatus1 . As the result, cemguard fly ash is banned from import. Read more

However, cemguard fly ash, ash, slag and gypsum derived in the territory of Vietnam from thermal power plants, chemical and fertilizer plants are allowable to be used for production of building materials under Decision No. 452/QD-TTg dated February 14th, 2017.

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