Decision of Hai Duong People's Committee
On the Issuance of Regulations on Construction and Operation of Vertical Shaft Brick Kilns
in Hai Duong Province in the period 2005-2010
HAI DUONG PEOPLE'S COMMITTEE
· Pursuant to the Law on the Organization of People's Council and People's Committee dated November 26, 2003;
· Pursuant to the Prime Minister's Decision No. 115/2001/QD-TTg dated August 1, 2001 on the approval of Overall Planning on Development of Construction Material Industry till 2010;
· At the proposal of the Ministry of Science and Technology in Dispatch No. 16/TTr-KHCN dated September 16, 2004;
DECIDES
Article 1. Issuing together with this Decision the "Regulations on Construction and Operation of Vertical Shaft Brick Kilns in Hai Duong Province in the Period 2005-2010".
Article 2. This Decision shall take effect upon its signing, previous regulations contrary to this Decision are now annulled.
Assigning the Department of Construction to take the lead and coordinate with the Department of Science and Technology, Department of Natural Resources and Environment, the related departments and sectors, and municipal and district People's Committees to instruct the implementation of this Decision.
Article 3. Chief of executive office of municipal People's Committee, heads of the related Departments and sectors, chairmen of municipal and district People's Committees shall have the responsibility in the implementation of this Decision.
ON BEHALF OF PROVINCIAL PEOPLE'S COMMITTEE
CHAIRMAN
Bui Thanh Quyen
REGULATIONS
On Construction and Operation of Vertical Shaft Brick Kilns in Hai Duong Province in the Period 2005-2010
(Issued together with Decision No. 3902/2004/QD-UBND dated October 4, 2004)
CHAPTER I
General provisions
Article 1. Vertical Shaft Brick Kiln (VSBK) is an advanced techniques that has been successfully tested in some localities in and outside the province, which should be made widespread for the replacement of traditional manual brick kilns in the period 2005-2010, helping effectively exploit land resource, labor force in districts and the city, meeting the increasing demands for construction materials, while helping increase the budget of communes, wards, townlets in the province.
Article 2. The widespread application of VSBK shall have to comply with the State and province’s regulations on land management and use, protection of environment, public health, anti-flood works, transportation works, the national power grid and other architectural works of organizations and individuals; without undermining the agricultural production and other local socio-economic activities.
Article 3. The construction and operation of VSBK shall be strictly in accordance with the Planning on fired brick production approved by competent agencies, guided by the body for technological transfer, ensuring industrial safety and hygiene, minimizing environmental pollution and improving socio-economic efficiency.
CHAPTER II
Regulations on Construction of Vertical Shaft Brick Kilns
Article 4. The planning on the construction of VSBK shall be implemented in riverside areas, low-efficient agricultural areas; it is prohibited to change fertile agricultural land in fields for the purpose of VSBK-model brick production.
Article 5. People's Committees of districts, wards, townlets in the province (hereafter called commune) that wish to promote fired brick production shall develop the planning on newly introduced VSBK clusters or changing manual brick kilns previously approved by competent authorities to VSBK, reporting to municipal, respective district People's Committees for summary and submission to competent authorities for appraisal and approval.
Article 6. The municipal, district People's Committees shall have the responsibility to make files on the planning of VSBK-model brick production and submit such files to the Department of Construction for appraisal, to the provincial People's Committee for approval with regard to communes having 3 kilns or over in a same area; and consider and approve the planning of VSBK in communes that have 1 to 2 brick kilns in a same area.
Article 7. The Department of Construction shall take the lead and coordinate with the Department of Science and Technology, Department of Natural Resources and Environment, Department of Agriculture and Rural Development, and the related departments and sectors to appraise the Planning on cluster of three VSBK or over in a same area of each commune and submit to the provincial People's Committee for approval.
Article 8. The planned location, number, and distance among kilns in a same cluster, kiln capacity, exploitation location and scale of brick soil, etc. shall be regulated in the provincial People's Committee's decision on the approval of the planning of each cluster in respective communes.
Article 9. Costs of the development and appraisal of the planning on VSBK fired brick production shall be paid by communal People's Committees according to the existing unit price for planning from the budget paid by brick-making organizations and individuals.
CHAPTER III
Regulations on VSBK construction and operation techniques
Article 10. Organizations and individuals applying VSBK shall have to comply with regulations on technical norms and design, instructions of the Department of Science and Technology on construction procedures, production of plain bricks, and operation of VSBK.
Article 11. The Department of Science and Technology shall base on transferred technologies, experiences drawn from the construction of VSBK in and outside the province to design VSBK model, work out the process of kiln building, process of plain brick production, kiln operating, and other related issues to instruct organizations and individuals in the application of VSBK.
Article 12. For safe operation of kilns and minimized environmental pollution, the design and construction of VSBK shall have to meet the technical norms set forth below:
- The height of the kiln shall not be lower than 6m from the kiln base.
- The height of the chimney shall not be lower than 5m from the kiln ceiling.
- The firing zone shall not be 10% larger than the regulated dimension of 1.25m in width, 1.85m in length, and shall not be lower than 5.5m in height.
- Stairs to the ceiling shall not be narrower than 1.2m and its slope shall not exceed 30o in compared with the horizontal plane and be equipped with reinforced concrete or steel-soldered handrail to ensure safety.
- Kiln direction, i.e. front door and back door, shall not be the same as the principle direction of wind into population areas and intensive cultivating and breeding areas.
- One VSBK shall not have more than three firing zones.
Otherwise difference from the said above technical norms shall be agreed upon in writing by the Department of Science and Technology.
Article 13. The production of plain bricks shall comply with the instructions of the Department of Science and Technology. Fuel for brick firing shall be powdered coal with low sulfur content and shall be mixed into brick soil.
Article 14. The operation of VSBK shall comply with regulations on industrial safety and hygiene and prevention of fire and explosion. Kiln owners shall have the responsibility to register for industrial safety for mechanical equipment in accordance with the existing regulations at State management agencies on industrial safety and prevention of fire and explosions, and equip fire equipment and necessary labor protection tools.
Article 15. Organizations and individuals fully meeting the criteria set forth below shall be allowed to transfer VSBK construction and operation technonoly:
- Having full capacity in VSBK designing.
- Having a thorough grasp of VSBK construction process.
- Having a thorough grasp of the process of plain brick production.
- Having a thorough grasp of VSBK operation process.
- Having capacity in organizing the execution of the work, instructing plain brick production and VSBK operations.
- Having been appraised and recognized in writing by the Department of Science and Technology with regard to the said above criteria.
Article 16. Costs of technology transfer, including design, instructing kiln construction, operation and plain brick production, and other related costs shall be in 2005 financed by the budget for science and technology. As of 2006, organizations and individuals wishing to apply VSBK technology shall pay themselves for the technology-transferring agency on negotiable basis.
CHAPTER IV
Organization of implementation
Article 17. As of February 28, 2006, all the traditional manual brick kilns located in the province shall be to close down. Organizations and individuals currently holding manual brick kilns shall be to dismantle and apply VSBK technology in case of further need for fired brick production.
Municipal and district People's Committees shall direct communal People's Committees to instruct organizations, individuals in their respective localities currently producing bricks in traditional kilns to dismantle old-style brick kilns and apply VSBK technology instead.
In case that organizations and individuals produce fired bricks in traditional kilns refuse to comply with the regulations of the provincial People's Committee, then municipal and district People's Committees shall direct communal People's Committees to carry out administrative handling measures, or, in serious case, handle in accordance with provisions of the laws.
Article 18. The Department of Natural Resources and Environment shall coordinate with the related departments, sectors, municipal and district People's Committees to supervise and speed up the suspension of newly built and operated traditional kilns and the dismantlement of traditional manual brick kilns in the province.
Article 19. The Department of Construction shall take the lead and coordinate with the related departments, sectors and municipal and district People's Committees to, within their competence, appraise the planning of VSBK clusters and submit to the provincial People's Committee for approval.
Article 20. The Department of Science and Technology shall coordinate with local and foreign scientific organizations to further study the improvement of brick production in VSBK, preparing conditions required for technology transfer and widespread VSBK application; further seek local and foreign capital sources for widespread VSBK application.
Article 21. The Department of Natural Resources and Environment shall periodically check environmental pollution in VSBK clusters, timely instruct VSBK brick-producing organizations and individuals to apply measures to overcome pollution as it exceed the stipulated environmental norms.
Article 22. Credit organizations located in the province, including commercial banks, credit funds, shall facilitate the capital borrowing of kiln owners with appropriate rates to produce bricks in VSBK technology.
Article 23. The Tax Department shall base on provisions of the laws on favouring and encouraging the application of scientific advancements to propose to the competent agencies tax exemptions for organizations and individuals producing VSBK fired bricks.
Article 24. In the course of implementing this Regulations, if any obstacle, difficulty, or irrelevant regulations, municipal and district People's Committees, related departments and sectors shall propose the provincial People's Committee to make amendments and supplements.
ON BEHALF OF PROVINCIAL PEOPLE'S COMMITTEE
CHAIRMAN
(Signed)
Bui Thanh Quyen