Not organizing an architectural plan exam in Vietnam for job requirements How will the entrance exam be handled?
What is the architectural plan exam in Vietnam?
Pursuant to Article 17 of the 2019 Architecture Law stipulates as follows:
“Article 17. Examination for selection of architectural plans
1. Architectural design competition is the organization of a contest to select the optimal architectural plan that meets the requirements of planning, architecture, culture, socio-economic efficiency, national defense and security. and protect the environment.
2. Works subject to competition for architectural plans include:
a) Public works of special scale, grade I;
b) Provincial central railway station, civil aviation terminal; urban bridges of grade II or higher, urban railway stations of grade II or higher; monuments, works that are symbols of local traditions, culture and history; Important works, highlights in urban areas and on main roads are identified in planning projects, urban designs, architectural management regulations approved by competent authorities.
3. The organization of competition for selection of architectural plans proposed in the investment policy or pre-feasibility study report.
4. The person competent to decide on investment shall decide on the form of competition for the selection of architectural plans, and decide on the establishment of the Council for the selection of architectural plans.
5. The cost of architectural plan selection exam is included in the total investment of the project.
6. On the basis of the successful architectural plan, the organization or individual with the successful architectural plan may take the next steps of the project when fully meeting the conditions prescribed by the law on construction and legislation. on bidding.
7. Information about the entrance exam, the competition council, and the results of the competition must be publicized by the investor on the mass media.
8. The Government shall detail this Article.”
Accordingly, the competition for architectural design is the organization of a contest to select the optimal architectural plan that meets the requirements of planning, architecture, culture, socio-economic efficiency, national defense and security. security and environmental protection.
The works that need to be recruited for the architectural plan are specified according to the above content.
Not organizing an architectural plan exam in Vietnam for job requirements How will the entrance exam be handled?
How is the organization of the competition for architectural plans done?
Pursuant to Article 18 of Decree 85/2020/ND-CP stipulates as follows:
“Article 18. Organization of entrance exams
1. Preparation before holding the entrance exam:
a) Complete procedures and collect data, legal documents, information on architecture and planning related to the land area for construction of works.
b) Make and approve the plan, budget for organizing the entrance exam, the regulations on the entrance exam and design tasks.
c) Set up the competition council for the selection of architectural plans and the technical team.
2. The design task must provide full legal information of the project, construction location, current drawing, planning criteria, information on land site conditions, purposes, properties, and regulations. construction scale; estimated total investment; requirements on architecture, usability, technical requirements, the connection of the general landscape of the area and other related requirements.
3. Regulations on recruitment examination include the following basic contents:
a) Form, scale, nature, purpose and requirements of the contest;
b) Regulations on competition conditions; criteria, content, organizational order; time and place of the contest; application file; the validity of the application file;
c) The composition of the selection council for the architectural plan and basic information on the expertise and experience of the members of the Council;
d) Cost of organizing the contest, basis for calculating the design fee for the work;
dd) Prize structure and value (if there are prizes);
e) Rights and responsibilities of related parties, copyright;
g) Form of registration form to participate in the contest;
h) Other contents as required by each contest: type of entrance exam (architectural idea contest or architectural plan contest); regulations on the exam round; in the case of the end of the round, there is no optimal solution; principles of calculating design fees for projects.
4. Entries must include explanations, architectural drawings, technical solutions and films, photos, models (if any), financial proposals. Documents must be uniform in language (Vietnamese or bilingual), units of measure, currency and rules of anonymity, do not include the name, logo of the consultant or the author on the copy. draw, explain."
Accordingly, the organization of the competition for selection of architectural plans is carried out in accordance with the above provisions.
Failing to organize an architectural design contest for works requiring an entrance exam will be fined up to VND 60,000,000?
Pursuant to Article 11 of Decree 16/2022/ND-CP stipulating as follows:
“Article 11. Violations against regulations on architectural activities
1. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for failing to organize the recruitment contest for architectural plans for works requiring recruitment examinations.
2. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for one of the following acts:
a) Making architectural and construction design dossiers inconsistent with national technical regulations;
b) Failing to organize the formulation of architectural design and architectural design tasks as prescribed;
c) Organizing the architectural design in contravention of regulations.
3. Remedial measures:
a) Forcible organization of competition for selection of architectural plans with the acts specified in Clause 1 of this Article, for works that have not yet commenced construction;
b) Forcing the re-establishment of architectural and construction design dossiers in accordance with national technical regulations, architectural designs in accordance with regulations, with the acts specified at Points a and c, Clause 2 of this Article, for works construction has not yet started;
c) Forcible reorganization of architectural design and architectural design tasks according to regulations with the acts specified at Point b, Clause 2 of this Article, for works that have not yet started construction.”
Thus, based on the violation of regulations on architectural activities to determine the level of administrative penalty according to the above provisions. Depending on the violation, remedial measures shall be applied as prescribed as follows: above.
Accordingly, the act of failing to organize an architectural design contest for works requiring an entrance exam will be fined from VND 40,000,000 to VND 60,000,000.
The administrative sanction in the above provisions applies only to organizations. In case of individual violations, the administrative sanction level is 1/2 of that of organizations.
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