Requirements for business operations of entities practicing architecture in Vietnam

Requirements for business operations of entities practicing architecture in Vietnam (Internet image)

1. What is architectural practice?

According to Clause 6, Article 3 of the Law on Architecture 2019, architectural practice is a professional activity of an organization or individual providing architectural services.

Specifically, 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. Requirements for business operations of entities practicing architecture in Vietnam

According to Clause 1, Article 33 of the Law on Architecture 2019, the requirements for business operations of entities practicing architecture shall be regulated as follows:

(i) They must be established under law;

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

(iii) They must communicate information prescribed in (i) and (ii) 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.

3. Rights and obligations of entities practicing architecture in Vietnam

3.1. Rights of entities practicing architecture in Vietnam

Entities practicing architecture shall be vested with the following rights:

- Render architectural services;

- Receive protection of intellectual property rights in accordance with law on intellectual property;

- Request project owners to provide information and documents related to assigned duties;

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

- 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;

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

(Clause 1, Article 34 of the Law on Architecture 2019)

3.2. Obligations of entities practicing architecture in Vietnam

Entities practicing architecture shall assume the following obligations:

- Operate within the registered scope of business;

- Duly execute contracts with customers in compliance with provisions of law;

- Purchase professional liability insurance in accordance with law;

- 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.

(Clause 2, Article 34 of the Law on Architecture 2019)

4. Prohibited acts regarding architectural activities in Vietnam

Individuals and organizations are strictly prohibited from performing the following acts:

- 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.

(Article 9 of the Law on Architecture 2019)

Thanh Rin

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