In the context of the construction industry shifting strongly towards green, circular, and resource-saving development, the drafting of the Law on Management and Development of Construction Materials is expected to establish a unified legal framework, overcome fragmented regulations, and expand room for businesses to innovate technology.

Mr. Nguyen Huu Tho, Deputy Director General of the Department of Science, Technology, Environment and Building Materials, stated that the task of drafting the Law has been identified in Conclusion No. 17-KL/TW, Plan No. 64/KH-UBTVQH16, Resolution No. 185/NQ-CP, and Decision No. 527/QD-TTg.

The drafting of the Law on Management and Development of Construction Materials is expected to overcome fragmented regulations and expand room for businesses to innovate technology - Photo: ITN

The goal is to form a more stable, synchronized, and transparent legal framework; promote modern, green, and circular construction materials that efficiently use resources and energy; and enhance quality, competitiveness, and supply security.

Notably, the management approach is also oriented toward decentralization, digitization, data-driven management, and post-inspection.

According to the drafting agency, the Draft Law on Management and Development of Construction Materials focuses on 6 main policy groups: perfecting strategic tools, master plans, and plans; developing construction materials towards technological innovation, efficient use of resources, energy, new materials, and green materials; managing raw materials and supply sources; utilizing construction materials in construction works; recovering and recycling waste and developing a circular economy; and state management, digital transformation, and database construction.

An important principle set forth is that the new policy will not give rise to an "ask-give" mechanism, will not re-establish product master planning, and will not create additional licenses, capacity verification procedures, or separate preferential treatment procedures.

For conventional construction material supplies, the orientation is to monitor, forecast, early warn, and coordinate based on data, rather than administratively allocating material resources.

This approach aims to ensure the state management role without intervening too deeply into production and business activities, thereby creating conditions for enterprises to proactively decide on investment, production, and supply according to market signals.

From practical business operations, Ms. Luu Thi Thanh Mau, Standing Vice Chairwoman of the Ho Chi Minh City Green Business Association, General Director of Phuc Khang Corporation, and Head of the Green Real Estate, Construction and Transportation Expert Group, stated that the Expert Group agreed on the necessity of building a legal framework for the entire lifecycle of construction materials amid the green transition and currently fragmented regulations.

According to Ms. Mau, regulations related to construction materials are currently governed by multiple legal fields such as construction, minerals, environment, investment, land, technical standards and regulations, product quality, tax, and bidding.

Therefore, the Draft Law needs to clarify its scope of regulation, focusing on the specific aspects of construction materials and avoiding overlaps with other laws.

The Draft Law on Management and Development of Construction Materials focuses on 6 main policy groups - Photo: ITN

One of the key recommendations of the Green Real Estate, Construction and Transportation Expert Group is to shift strongly from pre-inspection, licensing, and administrative intervention to management based on standards, technical regulations, information disclosure, databases, and risk-based post-inspection.

Accordingly, materials that directly affect load-bearing safety, fire prevention and fighting, health, and building durability need to be controlled at a higher level compared to ordinary finishing materials. Risk-based management will help regulatory authorities concentrate resources on products with high impacts on building safety and users, while reducing administrative burdens on low-risk material groups.

In addition, businesses also recommended clearly defining the responsibilities of each entity in the construction material value chain. Manufacturers, importers, and suppliers are responsible for product origin, information, and quality; consulting units are responsible for selecting, specifying, and supervising materials; while investors and contractors are responsible during purchasing, storage, and incorporating materials into works.

For sand, stone, backfilling materials, and other essential materials, the Expert Group proposed establishing a mechanism for demand forecasting, publicly disclosing supply capacity, early warning of shortage risks, and inter-regional coordination. However, according to businesses, this mechanism should stop at providing information, forecasting, and coordinating, without becoming a form of administrative allocation, price imposition, or restriction on legal transactions.

These proposals show that the requirement for the Draft Law is not only to add more management regulations, but more importantly, to design a management method suitable for a market economy. When responsibilities are clearly defined, standards and data become management tools, and post-inspection is conducted based on risk levels, legal gaps can be filled without creating additional procedural burdens for enterprises.