What are construction works in which unbaked building materials required to be used in Vietnam?

1. What are construction works in which unbaked building materials required to be used in Vietnam?

Article 3 of Circular 13/2017/TT-BXD stipulates construction works in which unbaked building materials are required to be used, as follows:

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%;

c) Remaining provinces: urban areas of class III or a higher class must use at least 70%, and the remaining areas must use at least 50%.

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.

Thus, according to the above regulations, in the above cases, when building, it is necessary to use unbaked building materials in Vietnam.

2. What are administrative penalties for not using unbaked building materials for construction works in which these materials are required in Vietnam? 

According to Article 35 of Decree 16/2022/ND-CP on violation of regulation on construction supervision, according to which:

1. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on:

a) Failing to conduct construction supervision;

b) Signing commissioning dossiers without certificate for construction supervision or without having appropriate sector, type of structures, class or period of practice according to the issued license;

c) Failing to produce report on construction supervision as per the law.

2. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed on:

a) Fabricating supervision results;

b) Letting construction contractors to build without adhering to construction permit or approved design or use the incorrect type, forms of materials or build without adhering to approved construction solutions;

c) Letting construction contractors to not use non-baked materials as per the law;

d) Commissioning construction work in a manner not conforming to regulations and law;

dd) Failing to ensure that construction supervision contractors are separate from construction contractors, manufacturing, production, and supply contractors for construction materials, components, equipment for structures invested with public investment, non-public investment state capital, and PPP projects.

3. Remedial measures:

a) Mandated supervision of construction for violations under Point a Clause 1 of this Article if construction is in progress;

b) Mandated preparation of reports on construction supervision for violations under Point c Clause 1 of this Article if construction is in progress;

c) Mandated disposal and re-preparation of supervision results adhering to facts for violations under Point a Clause 2 of this Article if construction is in progress;

d) Mandated adherence by construction contracts to construction permit, approved design, or use of the correct construction material type or forms or adherence to approved construction solutions for violations under Point b Clause 2 of this Article if construction is in progress;

dd) Mandated the use of non-baked construction materials for the remaining sections of construction for violations under Point c Clause 2 of this Article if construction is in progress;

e) Mandated commissioning of construction work for violations under Point d Clause 2 of this Article;

g) Mandated replacement of construction supervision contractors independent of other contractors for violations under Point dd Clause 2 of this Article if construction package is being implemented.

According to this Article, when constructing the incorrect type in Vietnam, forms of materials, the construction unit may be fined from VND 40,000,000 to VND 60,000,000. In addition, it is also required that use of the correct construction material type or forms.

Best Regards!