05 Principles of architectural activities in Vietnam under the Law on Architecture

05 Principles of architectural activities in Vietnam under the Law on Architecture (Internet image)

1. What are architectural activities?

According to Clause 2, Article 3 of the Law on Architecture 2019, architectural activities include management and practice of architecture.

Architecture refers to an art, science and technology in making spatial arrangement and creating the sustainable living environment to meet human and public demands.

(Clause 1, Article 3 of the Law on Architecture 2019)

2. Principles of architectural activities in Vietnam

Specifically, in Article 4 of the Law on Architecture 2019, the principles of architectural activities include:

(1) Comply with this Law and other provisions of relevant laws.

(2) Correspond to the strategy for development of Vietnamese architecture, urban planning and rural planning; meet demands for sustainable socio-economic growth, assurance of national defence, security, environmental protection and rational use of natural resources, adaptation to climate change, prevention and control of natural disasters.

(3) Preserve, uphold and promote traditional architectural value and acquire the world’s architectural quintessence. Build the Vietnamese architecture to become progressive, modern and full of traditional cultural values.

(4) Apply scientific researches, high, advanced and new technologies to match practical conditions of Vietnam to ensure ergonomic, technical and artistic efficiency, economical and effective energy use.

(5) Ensure institutional, public and personal involvements; balance state and public interests, rights and benefits of entities and persons.

3. State policies for architectural activities in Vietnam

State policies for architectural activities include:

(i) The State shall put its investments in the following activities:

- Developing the scheme for development of Vietnamese architecture;

- Conduct the statistics, survey and build the database of architectural activities; set technical standards and regulations on architecture;

- Produce architectural design models meeting requirements concerning sustainability, eco-friendliness and adaptation to climate change, prevention of and response to natural disasters; economical and effective energy use;

- Carry out architectural law propaganda, dissemination and education programs.

(ii) Over periods of time and based on capabilities of the state budget, the State shall give its investment support for the following activities:

- Building and improving infrastructure facilities and equipment incidental to architectural policy researches and architectural basic researches that may be conducted by science and technology institutions;

- Providing training and refresher courses for the architectural workforce; conducting scientific researches, applying and transferring advanced, progressive and new architectural technologies;

- Protecting, conserving and rehabilitating architectural structures of value which have not been ranked as historical - cultural heritages;

- Expanding and enhancing international cooperation in architecture;

- Organizing architectural exhibition and promotion events.

(iii) The State shall provide organizations and individuals incentives to invest in activities specified in clauses 1 and 2 of this Article and the following activities:

- Forming cooperation and partnership in scientific researches, application and transfer of technologies, provision of technical services and others in the architecture sector;

- Encouraging private involvements in providing public services in the architecture sector;

- Giving free-of-charge assistance and counsels in the architecture sector in the public interests.

(Article 6 of the Law on Architecture 2019)

4. Prohibited acts regarding architectural activities in Vietnam

According to Article 9 of the Law on Architecture 2019, prohibited acts regarding architectural activities include:

- Hindering the management and practice of architecture.

- Abusing the practice of architecture to cause adverse impacts on national defence, security, state and public interests, social order, living environment, legitimate rights and benefits of entities and persons.

- Offering and accepting bribes, making illegal tying and brokerage arrangements in architectural activities.

- Disclosing materials listed as state secrets; revealing business information provided by customers, unless otherwise agreed upon in writing by customers or prescribed in laws.

- Building architectural structures inconsistently with the architectural design approved by the regulatory authority or in breach of the construction permit.

- Infringing upon the intellectual property rights in architectural activities.

- Providing counterfeit or untruthful materials and data; preparing architectural design and construction documentation which are not conformable to national technical regulations.

- Carrying out fraudulent acts in taking examinations, issuing and using practicing certificates in architecture.

- Abusing and making inappropriate use of powers, rights to or lacking responsibilities for the management of architecture.

Thanh Rin

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