CIRCULAR

PROVIDING FOR USE OF UNBAKED BUILDING MATERIALS IN CONSTRUCTION WORKS

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

Pursuant to the Government’s Decree No. 24a/2016/ND-CP dated April 05, 2016 on management of building materials;

At the request of the Director of the Building Materials Department;

The Minister of Construction hereby promulgates a Circular providing for use of unbaked building materials in construction works.

Article 1. Scope

This Circular provides for use of unbaked building materials in civil and industrial construction works to build walls, partitions and masonry blocks. Unbaked building materials include:

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2. Lightweight building materials: bricks or panels from autoclaved aerated concrete, non-autoclaved aerated concrete and foam concrete; all of the said types have a volume less than 1000 kg/m³;

3. Plaster wall panels, 3D plates, concrete panels and light panels;

4. Other bricks produced from construction waste and industrial waste; and silicate bricks.

Article 2. Regulated entities

This Circular applies to organizations and individuals involved in production and import of unbaked building materials and investment in construction of works, and construction authorities.

Article 3. Construction works in which unbaked building materials are required to be used

1. Construction works funded by state capital, external-source state capital and loans borrowed by enterprises with more than 30% of state capital must use unbaked building materials at the following ratios to total amount of building materials:

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

b) Northern Midlands provinces; Southeast provinces: urban areas of class III or a higher class must use at least 90%, and the remaining areas must use at least 70%;

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2. At least 80% of total amount of building materials used in a building comprising 09 stories or higher must be unbaked building materials.

3. Regarding other construction works subject to special requirements which do not use unbaked building materials, the competent authority shall consider and grant approval.

4. The State encourages the use of unbaked building materials in all construction works regardless of their funding sources and the number of stories.

Article 4. Responsibilities of organizations and individuals concerned for provision and use of unbaked building materials in construction works

1. Investment deciders shall provide for use of unbaked building materials as prescribed in this Circular upon making decisions to invest in projects.

2. Investors shall use various types of unbaked building materials in accordance with this Circular.

3. Design consultancy contractors shall include in the design various types of unbaked building materials suitable for each type of structure.

5. Upon appraising projects on investment in construction of works, competent authorities must ensure that using unbaked building materials in accordance with regulations is a mandatory requirement.

6. Regarding works subject to special requirements which do not use unbaked building materials, the competent authority shall consider and grant approval as follows:

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b) Line ministries in the case of special works of the line;

c) Provincial People's Committees in the case of the remaining works.

7. Producers, importers and traders of unbaked building materials, when supplying such materials to construction works, must ensure that they satisfy Vietnamese standards and have certificates of conformity as prescribed.

8. Responsibility for reporting:

a) Departments of Construction of provinces and central-affiliated cities must report to the Ministry of Construction on investment in, production and use of unbaked building materials within their provinces and cities as prescribed;

b) Investors in construction of works, and producers and importers of various types of unbaked building materials shall report to their local Departments of Construction on the use of unbaked building materials.

Article 5. Transitional clauses

1. Construction works for which the competent authority approved the project or which were granted a construction permit before the effective date of this Circular shall be built under the approved decision or issued construction permit.

2. In the case where a construction work for which the competent authority has approved the project or which has been granted a construction permit has yet to be built since it is required obtain approval for amendment or addition to the project or to the construction permit after the effective date of this Circular, follow the instructions below:

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b) If the construction design is changed, part of the work for which the construction design is changed must be built in accordance with the regulations laid down in this Circular.

3. The State encourages investors to change designs to use unbaked building materials.

Article 6. Inspections and dealing with violations

1. The Ministry of Construction shall preside over and cooperate with relevant Ministries in carrying out periodic or unscheduled inspections of compliance with regulations on production, trading and use of unbaked building materials in construction works nationwide.

2. People’s Committees of provinces and central-affiliated cities shall direct competent authorities to carry out periodic or unscheduled inspections of compliance with regulations on production, trading and use of unbaked building materials in construction works within their provinces and cities.

3. Any organization or individual violating the regulations of this Circular shall be dealt with in accordance with applicable regulations.

Article 7. Implementation

1. This Circular comes into force from February 01, 2018 and supersedes the Circular No. 09/2012/TT-BXD dated November 28, 2012 of the Minister of Construction providing for use of unbaked building materials in construction works.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and organizations and individuals concerned are responsible for the implementation of this Circular./.

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PP. THE MINISTER
THE DEPUTY MINISTER




Bui Pham Khanh

Thông tư 13/2017/TT-BXD về quy định sử dụng vật liệu xây không nung trong các công trình xây dựng do Bộ trưởng Bộ Xây dựng ban hành