Can I open an architect's office if I don't have an architecture practicing certificate in Vietnam?

Can I open an architect's office if I don't have an architecture practicing certificate in Vietnam?

Pursuant to Article 33 of the 2019 Architecture Law, requirements for business operations and forms of practice of architecture are as follows:

1. Requirements for business operations of entities practicing architecture shall be regulated as follows:

a) They must be established under law;

b) They must hire employees with architecture practicing certificates that assume professional responsibilities related to architecture or lead architectural design activities;

c) They must communicate information prescribed in point a and b of this clause to regulatory authorities specialized in architecture under the control of provincial-level People's Committees at the places where offices of entities practicing architecture are located.

2. Entities practicing architecture, including architect's offices, public service organizations or other businesses, shall be organized and operated under the provisions of this Law, Law on Enterprises and other provisions of relevant law.

3. Architect’s offices must be established by architects holding architecture practicing certificates and operated in business form.

Thus, the condition to establish an architect's office is that it must be established and operated by an architect with an architectural practicing certificate in Vietnam.

If you do not have an architect practicing certificate, you cannot set up an architect's office according to regulations in Vietnam.

If the construction work is not in accordance with the approved architectural designs, can the architect's office refuse to carry out the commissioning of construction works in Vietnam? 

According to Article 34 of the 2019 Architecture Law, rights and obligations of entities practicing architecture are as follows:

1. Entities practicing architecture 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;

d) Request project owners and construction contractors to obey approved architectural designs;

dd) Refuse to perform any illegal request from project owners or any other than architectural design duties and in breach of contracts, or any request for architectural design modifications incompliant with engineering standards and regulations;

e) Refuse to carry out the commissioning of construction works and items in breach of approved architectural designs.

2. Entities practicing architecture shall assume the following obligations:

a) Operate within the registered scope of business;

b) Duly execute contracts with customers in compliance with provisions of law;

c) Purchase professional liability insurance in accordance with law;

d) Bear responsibility for the quality of architectural works under contractual terms and conditions, compensate for any loss or damage prescribed in law that arises from improper or contract-breaching use of information, documents, engineering standards, regulations or solutions.

According to this Article, the architect's office has submitted the design to the investor and has approved the design, when the construction of the work is not in accordance with the design, the architect's office has the right to refuse to carry out the commissioning of construction works in Vietnam. In case the architect's office still checks and takes over the work that is not constructed in accordance with the design, it must be responsible for any arising problems related to the work design in Vietnam.

Do architect's offices have right to supervise the construction according to the approved architectural designs in Vietnam?

Article 35 of the 2019 Architecture Law provides for designer's supervision as follows:

1. Entities practicing architecture or self-employed architects shall be held responsible for carrying out the designer's supervision during the construction period.

2. The performer of designer’s supervision shall be vested with the following rights:

a) Request project owners and construction contractors to obey approved architectural designs;

b) Directly, or by authorizing other entities or persons holding architecture practicing certificates, perform designer’s supervision under contractual terms and conditions and the provisions of relevant law;

c) Inform or cease designer’s supervision if the construction period is greater than the one specified in the contract, unless otherwise agreed;

d) Refuse to any request for unreasonable modifications in architectural designs from project owners;

dd) Refuse to sign project commissioning reports when construction projects are in breach of approved architectural designs.

3. The performer of designer’s supervision shall assume the following obligations:

a) Participate in commissioning of completed projects in accordance with laws and contracts with project owners;

b) Make any correction of errors arising in architectural designs upon the project owner's request;

c) Inform project owners or state regulatory authorities in charge of architecture affairs at localities so that they can take necessary action in case of discovering that construction activities contravene approved architectural designs.

Thus, during the construction process in Vietnam, the architect's office has the right to supervise whether the work is constructed in accordance with the approved architectural design or not and has the right to request the investor and the construction contractor to perform the work. 

Best Regards!