THE MINISTRY OF CONSTRUCTION
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 40/2009/TT-BXD
Hanoi, December 09, 2009
 
CIRCULAR
ON APPLICATION OF FOREIGN CONSTRUCTION STANDARDS TO CONSTRUCTION ACTIVITIES IN VIETNAM
THE MINISTRY OF CONSTRUCTION
Pursuant to November 26, 2003 Construction Law No. 16/2003/QH11;
Pursuant to June 29, 2006 Law No. 68/2006/QH11 on Standards and Technical Regulations;
Pursuant to the Government's Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 209/2004/ND-CP of December 16, 2004, on quality management of construction works;
Pursuant to the Government's Decree No. 127/2007/ND-CP of August 1, 2007, detailing a number of articles of the Law on Standards and Technical Regulations;
Pursuant to the Government's Decree No. 12/2009/ND-CP of February 12, 2009, on management of work construction investment projects,
The Ministry of Construction provides for the application of foreign construction standards to construction activities in Vietnam as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular provides for the application of construction standards of other countries standards of other countries, international organizations and regional standardization organizations (below collectively referred to as foreign standards) to construction activities in Vietnam.
Article 2. Subjects of application
Domestic and foreign organizations and individuals, when applying foreign standards to construction activities in Vietnam, shall comply with this Circular.
Article 3. Principles for application of foreign construction standards
1. Foreign construction standards shall be applied to construction activities on a voluntary basis.
2. To ensure synchronism and feasibility of the system of standards applicable in the entire construction process, from survey, designing, production and manufacture, to construction and take-over test of works.
3. To meet the requirements of national technical regulations in the construction and other related fields under law. In case national technical regulations are not available yet, foreign construction standards must satisfy the requirements defined in compulsory national standards established by ministries and branches.
Article 4. State management of the application of foreign construction standards
The Ministry of Construction shall uniformly manage the application of foreign construction standards to construction activities. The ministries managing specialized construction works shall coordinate with the Ministry of Construction in managing the application of foreign standards to specialized construction works.
Chapter II
CONDITIONS AND COMPETENCE FOR APPROVAL OF APPLICATION OF FOREIGN CONSTRUCTION STANDARDS
Article 5. Conditions for application of foreign construction standards
To be selected and applied to construction activities in Vietnam, foreign construction standards must meet the following conditions:
1. To adhere to the principles specified in Article 3;
2. To be construction standards of other countries, international organizations and regional standardization organizations;
3. To be considered, selected and approved by investment deciders prior to the compilation of basic design dossiers of work construction investment projects.