From 8/8/2022 is it necessary to pay fees for requesting granting, re-issuing, or extending an architect's practicing certificate in Vietnam?
- Additional regulations on the fee for granting architect practice certificates in Vietnam?
- Are there any qualifications required to obtain a license to practice architecture in Vietnam?
- What are the components of an application for an architectural practice certificate in Vietnam?
- What rights and obligations will an architect have after being granted an architectural practice certificate in Vietnam?
Additional regulations on the fee for granting architect practice certificates in Vietnam?
Pursuant to Clause 2, Article 4 of Circular 38/2022/TT-BTC stipulating the fee rates for granting architect practice certificates;
“Article 4. Fee collection rate
…
2. Fees for grant of architectural practice certificates are prescribed as follows:
a) Fees for first-time issuance and conversion: 300,000 VND/certificate.
b) The fee for re-issuance, renewal, and recognition of certificates is equal to 50% of the fee at Point an of this Clause.”
According to this regulation, in the near future when granting an architect practicing certificate, an individual who requests a practicing certificate will pay a first-time fee of 300,000 VND for a certificate. In case of re-issuance or renewal of architect practice certificates, the fee will be equal to 50% of the fee for the first grant of the practicing certificate.
From 8/8/2022 is it necessary to pay fees for requesting granting, re-issuing, or extending an architect's practicing certificate in Vietnam?
Are there any qualifications required to obtain a license to practice architecture in Vietnam?
Pursuant Article 28 of the 2019 Architecture Law of Vietnam stipulates:
“Article 28. Conditions for granting and renewing architectural practice certificates
1. Conditions for granting architectural practice certificates are prescribed:
a) Having a university or higher degree in architecture;
b) Having experience in performing architectural services for at least 03 years at an architectural practice organization or cooperating with architects practicing as an individual;
c) Satisfy the requirements for the exam for the issuance of architectural practice certificates.
2. Conditions for renewal of architectural practice certificates are prescribed:
a) The architectural practice certificate has expired;
b) Ensuring continuous professional development;
c) Not violating the Code of Professional Conduct of practicing architects.
3. Individuals with a continuous period of 10 years or more directly participating in the state management of architecture, training at the university level or higher in the field of architecture, and practicing architecture is exempt from prescribed conditions. at point c, clause 1 of this article.
4. Individuals who win national or international architectural awards are exempt from the conditions specified at Point b, Clause 1 of this Article.”
Accordingly, in order to be granted an architectural practice certificate, an individual must have a university degree or higher in the field of architecture. In addition, individuals must also satisfy all the conditions specified above to be granted an architect practicing certificate.
What are the components of an application for an architectural practice certificate in Vietnam?
Pursuant to Clause 1, Article 27 of Decree 85/2020/ND-CP stipulating:
“Article 27. Applications for issuance, re-issuance and renewal of an architecture practicing certificate
1. An application for issuance of an architecture practicing certificate includes:
a) An application form made using the form in Appendix III hereof enclosing 02 portrait pictures (4x6 cm) of the applicant on a white background which was taken within the last 06 months;
b) University degree or diploma issued by a lawful training institution in conformity with the contents of the certificate to be issued; a degree or diploma issued by a foreign training institution must be translated into Vietnamese and notarized or certified in accordance with Vietnam’s law;
c) A decision on task assignment by an organization to the individual or a written certification provided by the legal representative of the investor of typical tasks completed by individuals in accordance with the contents declared by such individuals. The person signing the certification shall be responsible for the truthfullness of the contents he/she certifies. Regarding an independent practitioner, there must be a contract and record on commissioning of declared typical tasks that have been completed by such practitioner.
d) A legal document on residence or a work permit issued by a Vietnamese competent authority if the applicant is a foreign national;
dd) Valid results of the test that the applicant has passed;
e) The documents specified in Points b, c, d and dd of this Clause must be certified true copies or files containing color photos taken from the originals or copy presented together with their originals for comparison.”
Accordingly, when applying for an architectural practice certificate, an individual needs to prepare the composition of the dossier as prescribed above.
What rights and obligations will an architect have after being granted an architectural practice certificate in Vietnam?
Pursuant Article 32 of the 2019 Architecture Law stipulates:
“Article 32. Rights and obligations of architects obtaining architecture practicing certificates
1. Architects holding architecture practicing certificates shall be vested with the following rights:
a) Render architectural services;
b) Receive protection of intellectual property rights in accordance with law on intellectual property;
c) Request project owners to provide information and documents related to assigned duties to produce architectural designs;
d) Request project owners and construction contractors to obey approved architectural designs;
dd) Refuse to perform any illegal request of project owners;
e) Refuse to carry out the commissioning of construction works and items in breach of approved architectural designs, engineering standards or regulations;
g) Request project owners to observe contractual terms and conditions.”
Accordingly, architects with architectural practice certificates will exercise the rights and obligations as prescribed above.
Circular 38/2022/TT-BTC will come into force from August 8, 2022.
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