Guidance on conducting judicial expertise on quality for construction materials products and goods from December 16, 2024 in Vietnam

Guidance on conducting judicial expertise on product quality and construction material goods from December 16, 2024 in Vietnam​ (Image from the Internet)

On November 1, 2024, the Minister of Construction of Vietnam issued Circular 10/2024/TT-BXD regarding the management of quality for construction materials products and goods.

1. Guidance on conducting judicial expertise on product quality and construction material goods from December 16, 2024 in Vietnam

According to the provisions at Article 13 of Circular 10/2024/TT-BXD, the organization of conformity assessment and judicial expertise on the quality of construction materials products is carried out as follows:

- Conformity assessment organizations must register their fields of conformity assessment activities concerning construction material products and goods, according to the provisions of Decree 107/2016/ND-CP.

- Conformity assessment organizations are evaluated and designated by the Ministry of Construction according to the provisions of Clause 8, Article 1 of Decree 74/2018/ND-CP and Clauses 4, 5, 6, and 7, Article 4 of Decree 154/2018/ND-CP.

- Conformity assessment organizations that have registered their fields of operation or have been designated by the Ministry of Construction must comply with the regulations on conformity assessment activities and are subject to inspection and supervision by the Ministry of Construction. The list of conformity assessment organizations that have registered their fields of operation and the list of those designated by the Ministry of Construction are posted on the Ministry's website.

- Conformity assessment organizations abroad that conduct certification and testing of construction material products and goods as per legal requirements will be considered for recognition by the Ministry of Construction when a Mutual Recognition Agreement is signed.

- Judicial expertise organizations concerning the quality of construction materials products and goods are implemented according to the provisions in Circular 17/2021/TT-BXD by the Minister of Construction, which stipulates certain contents regarding judicial expertise in construction and according to the provisions in Circular 10/2024/TT-BXD.

2. Regulations on construction materials products and goods in Vietnam

Construction materials products and goods are specifically regulated in Article 3 of Circular 10/2024/TT-BXD, including:

- Groups of construction materials products and goods stipulated in Appendix I, issued along with Circular 10/2024/TT-BXD.

- Construction material products and goods that have the potential to cause safety risks are those that, even under reasonable conditions of transport, storage, preservation, and proper use, still pose potential harm to people, animals, plants, property, environment (group 2 construction materials products and goods) under the management competence of the Ministry of Construction, as stipulated in Appendix II issued together with Circular 10/2024/TT-BXD.

- Construction material products and goods that do not have the potential to cause safety risks are those that, under reasonable conditions of transport, storage, preservation, and proper use, do not harm people, animals, plants, property, or the environment (group 1 construction materials products and goods).

- For construction material goods for export, import that have not been listed and determined with HS codes or have differences and inconsistencies in classification and HS code determination, the determination of HS codes is done according to the provisions of customs law. After customs clearance, export, import organizations, and individuals send documents to the Ministry of Construction as a basis for cooperating with the Ministry of Finance to consider, unify, update, and supplement into the HS code list.

Refer to the Circular 10/2024/TT-BXD (effective from December 16, 2024).

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