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4791/BXD-KHCN PRINCIPLES FOR APPLYING FOREIGN STANDARDS IN CONSTRUCTION ACTIVITIES

A factor or hazard causing illness, deterioration of human health during the working process according to the provisions of the law on occupational safety and health and health. Harmful elements to health include 06 main groups: Adverse microclimate; physical (e.g. noise, vibration); various dusts; toxic substances, chemicals, vapors; psychophysiology and ergonomics; occupational contact.

An element causing unsafety (directly or indirectly), injury or death to people during the working process.

A zone or area at the site and adjacent areas with harmful factors exceeding the permissible threshold or not satisfying the provisions stated in relevant national technical regulations but not to the extent of causing injury or death to people.

The boundaries of areas inside and around the construction site where dangerous elements may appear causing damage to people, construction works, assets, equipment, vehicles due to the construction process of the works, determined according to technical standards, regulations and measures for organizing construction of works [point h clause 1 Article 1 of Law No. 62/2020/QH14].

Types of materials, components, products used in construction of works that meet the following requirements:

a) Comply with the provisions of the law on product and goods quality and other relevant specialized laws;

b) Materials, components, products with quality in accordance with QCVN 16:2019/BXD, QCVN 04:2009/BKHCN and Amendment 1:2016 QCVN 04:2009/BKHCN, comply with the provisions of the design documentation, in accordance with the national technical regulations and standards related to materials, components, products permitted to be applied in Vietnam;

c) Comply with the provisions of the law on construction and other relevant specialized laws on quality control before being put into use at the site.

Building materials, components, products, tools, machines, equipment and other loads that must be lifted and lowered during the construction process.

A type of lifting equipment, using a guided platform to lift and lower people or lifted objects.

Standards related to materials, components, products, survey, design, construction, installation, acceptance, use, maintenance, techniques (or measures) to ensure safety and health for workers when carrying out construction activities specified in 1.1.2 and permitted to be applied in Vietnam.

Vehicles, machines, equipment (mobile or fixed) used to lift and lower people or lifted objects.

Hooks, chains, ropes, nets, buckets and other accessories used to attach or tie the lifted object to the lifting equipment but not a main part of the lifting equipment.

Principles based on the results of comprehensive research on the adaptation between technical means and the working environment with human capabilities in terms of physiology, psychology, in order to ensure the most effective labor, while protecting the health, safety and comfort of workers.

A location or area where a worker is present to work or needs to go to as required by the work assigned or requested by the employer.

4791/BXD-KHCN

4791/BXD-KHCN PRINCIPLES FOR APPLYING FOREIGN STANDARDS IN CONSTRUCTION ACTIVITIES

To: Lotte Properties HCMC Co., Ltd.

The Ministry of Construction received the official letter LPHCMC-DT-2023-046 dated September 5, 2023, from Lotte Properties HCMC Co., Ltd., requesting the application of foreign standards for buildings over 150 m in the project: Smart Complex in functional area 2a, Thu Thiem New Urban Area, Thu Duc City, Ho Chi Minh City (lot 2-6). Regarding this matter, the Ministry of Construction responds as follows:

The Smart Complex project in functional area 2a, Thu Thiem New Urban Area, Thu Duc City, Ho Chi Minh City (lot 2-6), is designed with a height exceeding 150 m and falls outside the scope of QCVN 06:2022/BXD. Accordingly, the Investor has chosen to apply the NFPA 5000 (2021 edition) of the United States based on the following principles: (1) provisions equivalent to or higher than the national technical regulation QCVN 06:2022/BXD on Fire Safety for Buildings and Structures are eligible for application in Vietnam; (2) for contents in the NFPA 5000 (2021 edition) that do not meet (lower than) the requirements of the national technical regulations in Vietnam, the application of QCVN 06:2022/BXD ensures a scientific basis and compliance with construction laws and regulations on technical standards and regulations in Vietnam.

During the preparation of the design dossier, the Ministry of Construction requests the Investor to comply with the provisions of Article 81 of Decree No. 15/2021/ND-CP detailing some contents on the management of construction investment projects and must obtain comments and appraisals from the Police Department of Fire Prevention, Fire Fighting and Rescue at each design stage as prescribed.

The above is the response of the Ministry of Construction regarding the application of foreign standards in construction activities in Vietnam, sent to Lotte Properties HCMC Co., Ltd. for acknowledgment and proper implementation of legal regulations.


1 Decree No. 15/2021/ND-CP, Article 8, Clause 2 stipulates: “In cases where foreign standards are applied:

a) The construction design explanation or technical instructions (if any) must include an assessment of the compatibility, synchronization, and compliance with national technical regulations;

b) Priority shall be given to the use of foreign standards that have been widely recognized and applied.”