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Circular 19/bxd-Materials: Guidelines For Implementation Of The Decree No. 02/cp On 05/01/95 By The Government For Building Material Items Of Business Conditions In The Municipality

Original Language Title: Thông tư 19/BXD-VLXD: Hướng dẫn thực hiện Nghị định số 02/CP ngày 05/01/95 của Chính phủ đối với mặt hàng vật liệu xây dựng kinh doanh có điều kiện ở đô thị

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CIRCULAR of the MINISTRY of CONSTRUCTION guidelines no. nghịi 2/CP dated 5 January 1995 from the Government with regard to the Government's items for items of building materials business condition in the municipality building materials as raw materials primarily made up of construction works. In the process of circulating on the market, building materials are mostly goods have high volume, bulky when shipping, during storage, purchase and sale; some type of easily cause dirt, liquids, influence the environment and social management order especially in the municipalities.
In order to minimize the harmful effects to the environment and hygiene of street landscape and urban management in order simultaneously to ensure the quality of building materials for consumers.
Pursuant to the Decree No. 02-CP-1-5, 1995 by the Government on goods, services and trade business prohibited goods and commercial services business conditions in the domestic market, after exchanging United with Ministry of Commerce and Ministry of science, technology and the environment , The build instructions for building material items of business conditions in the municipality as follows: i. GENERAL REGULATION 1. Every organization or individual commercial business operations for goods and construction materials business condition regardless of the economic component is of Vietnam or abroad must have business locations in accordance with the conditions specified in this circular.
2. Location of business building materials including shops, stations, depots, stations, has stored, display construction materials to the retail, wholesale directly on the area of the city, town, commune called the municipality.
3. a detailed list of items and construction materials business condition: cement;
Building;
Sand, stone, gravel;
Brick, tile, asbestos cement roofing, metal roofing, concrete;
The types of steel pipes, plastic pipe;
Iron and steel construction;
Wood, bamboo, plastic, roofing, oil paper cot;
Types of additives.
 
II. BUSINESS CONDITIONS for the BUILDING MATERIALS BUSINESS CONDITION under article 9.2 a Decree No. 02-CP on 5 January 1995, the Organization, the individual sales of building materials must be of suitable location conditions. In particular: 1. The General conditions must be fully legal papers on the right to use the land, where the location for construction materials business.
Business location and construction materials must: fit the requirements of urban planning;
Ensure environmental sanitation, urban landscape;
Ensuring traffic safety: order does not encroach on the sidewalk, curb roadways;
To have the sea Board stating the shop name, and company name or name of individual business owners.
2. The specific conditions a. for cement: cement is the material easy to cause dust, cement business location is not set in the Central streets of the town; If the retailer under 50 kg-1 how they must have tools, packaging needs for the client.
Rainy weather or wet place easy to influence reduces the quality of the cement. The cement storage warehouse must be enclosed, dry. The place of storage and exporting cement to the layout in urban areas.
Cement business locations must have a price and weight of bags of cement listed at the place of sale.
b. for lime Lime is building construction material: in the form of dust, when it easily cause Bureau met water of high heat, which can cause fatal burns, in liquid form, easy to eat the skin, causing the dirt roads and surrounding buildings.
Lime only business locations are located in the coastal area of the town. The stock must be sealed or warehouse Bureau lime packaging moisture resistant, place where high drain can prevent water flooding. The lime and the lime I reserve my right with barrels, concrete tank with lid or digging pit with lid and has shielding barriers put in place Qu at least, have banned sea signaled the pit lime.
The business of building just sold and production up to the means of transport or the packaging guaranteed when transported on the streets dirty and Fleur-de-lis, and the United Kingdom on the hour during the day due to local government regulations allowed transport on the roads.
c. with respect to asbestos roofing tiles, bricks, metal roofing iron & steel, stone, sand, gravel, steel pipe.
This is the kind of bulky materials, massive dust, when students purchase easy transport in the municipality of easy to obstruct, traffic jams and cause unsanitary streets.
The business location of this material to put in those places avoid the streets of the Centre and should have enough stations to the convenience of means of transport in and out, where the stats showing are tidy and neat, avoiding crashes that cause accidents for people.
Business people only materials sold and production up to the transport means ensuring no dust, not the United Kingdom, Ian, not exceeding the dimensions (length, height, width) of the shipment loading up the media and right on the hour during the day due to local government regulations allowed transport on the roads.
d. for the wood, bamboo, plastic, roofing sheets, plastic tubes, Cot, oil paper: it is kind of bulky materials, flammable, foul smelling (bamboo, Cork, stream dipping). Therefore, the trading of this material must approve conditions specified in point c above. In addition, where stored materials must not near where the fire and to have the measures, fire protection rules.
e. for additives the additive type is the type of material used in construction and industry of building materials. It is also the form of chemicals in the form of powder, liquid solution when sales in the market easily cause dirty, polluting water supplies. The storage and shipping packaging must have additives for powder, bins, cisterns contain export tools available for the safety pouring liquid and are not put in place near water sources, Wells ate, ponds.
 
III. The AUTHORITY and PROCEDURES for the CERTIFICATION PROCEDURE for ELIGIBLE BUSINESS organizations, personal trading building materials items have conditions, ensuring the conditions prescribed in section II above, are considered qualified certification business (according to the form prescribed in Appendix).
1. the construction of the central cities, where organizations, individual business locations for building materials, conduct the certification of eligible business.
2. Application for certificate of eligibility of business building materials (probably the copy notarized).
a. for business business registration has been issued before 1 July 1995 the profile include: business registration by the competent authority;
A declaration regarding the business location (address, area, items);
Construction license or the certificate of house property, land use or lease, borrow, purchase of land, where the business location of building materials (collectively referred to as the legal papers on the right to housing, land use).
b. If the business please open a branch, or representative offices in the province, other cities, in need of business locations for building materials, records include: certificate of provincial people's committees, the central cities allowed to open branches or representative offices.
A declaration regarding the business location (address, area, the item).
Legal papers on the right to use the land, where the location for construction materials business.
c. for business not yet issued business registration from October 1-7, 1995, the records include: decision or established business license;
A declaration regarding the business location (address, area, items);
A declaration regarding the business location (address, area, items);
Legal papers on the right to use the land, where the business location.

d. for the business please register additional sales of building materials, records include: decisions or additional license business fields of building materials;
A declaration regarding the business location (address, area, items);
Legal papers on the right to use the land, where the business location.
e. with respect to individuals under Decree No. 66-HĐBT, building material business, records include: business license (if it has been the people's committees, districts, towns and cities in the level).
Application for certificate of eligibility of business building materials, including the content: full name, male, female, date of birth;
Permanent address;
Business specific building materials;
Business location;
Legal papers on the right to use the land, where the business location.
The certification process a. receiving records held, personal business building materials are full of conditions specified in section II above, the file sent to the Department of construction of the central cities, where the location for construction materials business.
The Department is responsible for building the organization receiving records, checking the content, if the records are incomplete, the required additional litigants and complete records. Time to complete profile litigants do not count time accepting resumes.
Upon receipt of the application, the receiver must be on the shared tracks, had received votes on resolution, delivery date, for litigants.
b. review of records depending on the requirements, characteristics of each location and items of specific building materials, building Department can send text comments of relevant agencies, such as housing, environmental technology, transport public works and Government facilities.
Within 10 days from receipt of the written consultation, the Agency asked the opinion of responsible must answer in writing, if not answered, then regarded as agreed. c. resume verification and the certification decision within a period of 20 days from the date of receipt of application , based on the record, the comments of participating agencies, urban planning and other current regulations are concerned, the Department of building inspection, records appraisal in the field to decide to reject or certification eligible building materials business.
The collection and use of the fee for the grant of a certificate made under current rules.
d. To serve state management, construction Facility to send a copy of the certificate of the Ministry of construction and Ministry of Commerce gather once a month along with the report on the situation and the results of the certification in March.
4. Complaints about non-certified Director of building Department is responsible for resolving complaints about non-certification.
If litigants have not agreed with the opinion of the Director of the Department of construction, then appeal to the Chairman of the provincial people's Committee, the central cities, the decision of the Chairman of the provincial people's Committee, the central cities is the final decision.
5. The certificate of eligible business is one of the grounds for a new level or business registration supplement b. Continues to recognize the value of business registration (for organizations, individuals have been granted registered business).
 
IV. IMPLEMENTATION 1. This circular is effective as from 1 July 1995.
2. Minister build handed to the Director of building Department, in collaboration with the Department of Commerce and the local planning authority to organize the network planning, venue construction material business condition in the municipality of the people's Committee, the city decided and announced.
3. Within a period of 90 days from the date of this circular effect, individual organizations have been granted registered sales of building materials before 1 July 1995 shall apply procedures for the certification of qualified building materials business. Most of this time limit, the Organization, the individual would not have or are not qualified certificates qualified certificates qualified trading will be suspended or cancellation of business registration.
4. Every organization or individual in the process of building material business, not often guaranteed the conditions specified in section II of this circular are all considered illegal business behavior; the Organization, individuals are responsible for certificates if there are abuses the position, authority, make unlawful depending on the extent violators will be disciplined, the administrative sanction or prejudice criminal liability under applicable law.
5. On the basis of the report on the situation and the results of the certification of the local building Department, the Ministry of construction will hold the audit guide the certification and the implementation of the business conditions of building materials in the municipality.
The Ministry of construction asked the people's committees of the province, central cities, ministries, sectors, unions are concerned the steering bodies, enterprises affiliated to the implementation of this circular.
 
APPENDICES SAMPLE CERTIFICATE of ELIGIBLE GOODS, BUSINESS SERVICES in KIND CONDITIONAL BUSINESS-LEVEL ORGANS of the SOCIALIST REPUBLIC Of VIETNAM: ... ... independence-freedom-happiness ..., on ....,. .. in 199 ...
 
QUALIFIED CERTIFICATES. .... (1)..... (2) (HEADS license) certification .... (3) .. ... business location:............ Eligibility and. .... (1) ........ (2).....
(Heads)
(Name, stamp)
Explain: (1) clearly acts as business: buying, selling, agent, machining, fabrication, repair, practice. ...
(2) specify items are authorized service business.
For example, the certificate of eligible retail gasoline.
Certificate of eligible purchase, sell gold.
Certificate of eligible clinical practice Oriental medicine in. ..
Certificate of eligible business hotels.
(3) for the business organization stating the full name of the company, the business. For business individuals stating your name, gender, age, accommodation.