Regulations on requirements for issuance and renewal of architecture practicing certificates in Vietnam

Regulations on requirements for issuance and renewal of architecture practicing certificates in Vietnam (Internet image)

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

1. Regulations on requirements for issuance and renewal of architecture practicing certificates in Vietnam

Specifically, in Clauses 1 and 2, Article 28 of the Law on Architecture 2019, the conditions for granting and extending architectural practice certificates are as follows:

(1) Requirements for issuance of architecture practicing certificates shall be regulated as follows:

- The intended applicant must hold university or higher qualification in the architecture sector;

- The intended applicant must have at least 3 years of experience acquired from previous involvement in providing architectural services or partnership with other self-employed practicing architects;

- The intended applicant must successfully pass the test for eligibility to receive architecture practicing certificate.

(2) Requirements for renewal of architecture practicing certificate shall be regulated as follows:

- Architecture practicing certificate has expired;

- Ongoing career development is guaranteed;

- There is none of violations against rules of professional conduct for practicing architects.

Note:

- Persons spending at least 10 successive years directly involving in exercising state management of architecture, taking university education or other higher training courses in the architecture sector or directly practicing architecture will be granted exemption from the requirements prescribed in point c of clause 1 of Article 28 of the Law on Architecture 2019.

- Persons winning national or international architecture awards can be exempted from the requirements prescribed in point b of clause 1 of Article 28 of the Law on Architecture 2019.

(Clause 3, 4, Article 28 of the Law on Architecture 2019)

2. Rights and obligations of architects obtaining architecture practicing certificates in Vietnam

2.1. Rights of architects obtaining architecture practicing certificates

Architects holding architecture practicing certificates 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 to produce architectural designs;

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

- Refuse to perform any illegal request of project owners;

- Refuse to carry out the commissioning of construction works and items in breach of approved architectural designs, engineering standards or regulations;

- Request project owners to observe contractual terms and conditions.

(Clause 1, Article 32 of the Law on Architecture 2019)

2.2. Obligations of architects obtaining architecture practicing certificates in Vietnam

According to Clause 2, Article 32 of the Law on Architecture 2019, architects holding architecture practicing certificates shall assume the following obligations:

- Comply with rules of professional conduct for practicing architects;

- Have access to ongoing career development;

- Carry out the designer's supervision during the process of building architectural structures;

- Observe commitments to project owners stated in contracts.

3. State policies for architectural activities in Vietnam

According to Article 6 of the Law on Architecture 2019, the State policies for architectural activities in Vietnam include:

(1) 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.

(2) 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.

(3) 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.

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