Latest Requirements for practice of architecture in Vietnam

Latest Requirements for practice of architecture in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Latest Requirements for practice of architecture in Vietnam

Requirements for practice of architecture in Vietnam according to Article 21 of the Law on Architecture 2019 are as follows:

- The person holding the title as the leader of architectural design, the person bearing professional responsibility for architecture who working for entities providing architectural services and self-employed practicing architects must hold the certificate of practice of architecture, unless otherwise provided in Article 31 of the Law on Architecture 2019.

+ Foreign citizens can practice architecture in Vietnam if they meet the following requirements:

++ Obtain architecture practicing certificates issued in Vietnam or valid ones issued by regulatory authorities in their home countries and recognized or converted in Vietnam;

++ Comply with Vietnam’s law and rules of professional conduct for practicing architects in Vietnam.

+ Recognition and conversion of architecture practicing certificates shall be subject to the following regulations:

++ Foreign nationals who have already held architecture practicing certificates in use issued by competent regulatory authorities in their home countries, or has participated in rendering of architectural services in Vietnam for less than 6 months, shall follow procedures for recognition of architecture practicing certificates, or for at least 6 months, shall follow procedures for conversion of architecture practicing certificates, at regulatory authorities specialized in architecture under the control of provincial-level People’s Committees;

++ Recognition and conversion of architecture practicing certificates between Vietnam and other countries on territories shall be subject to terms and conditions of international agreements or treaties to which the Socialist Republic of Vietnam is a signatory.

+ The Government shall promulgate specific regulations on the method of determination of period of rendering of architectural services in Vietnam; documentation requirements and procedures for recognition and conversion of architecture practicing certificates of foreign nationals practicing architecture in Vietnam.

- Persons who do not hold the certificate of practice of architecture may provide architectural services under the control of architecture practicing entities or may enter into partnership with other self-employed practicing architects.

- Entities providing architectural services must meet qualification requirements specified in Article 33 of the Law on Architecture 2019:

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

++ They must be established under law;

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

++ 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.

+ 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.

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

2. Rights and obligations of entities practicing architecture in Vietnam

Rights and obligations of entities practicing architecture in Vietnam according to Article 34 of the Law on Architecture 2019 are as follows:

* 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.

* 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.

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