Requirements for business operations and forms of practice of architecture in Vietnam

Requirements for business operations and forms of practice of architecture in Vietnam (Internet image)

1. Requirements for business operations and forms of practice of architecture in Vietnam

Requirements for business operations and forms of practice of architecture in Vietnam according to Article 33 of the Law on Architecture 2019 are as follows:

- The operating conditions of an architecture practicing organization are stipulated as follows:

+ Established in accordance with legal regulations;

+ Having individuals responsible for architectural expertise or chief architects with architectural practice certificates;

+ Notifying the information stipulated at points a and b, Clause 1, Article 33 of the Law on Architecture 2019 to the architectural professional authority under the People's Committee at the provincial level where the architecture practicing organization is headquartered.

- Architecture practicing organizations include architectural offices, non-business organizations, and other enterprises organized and operated in accordance with the Law on Architecture 2019, the Enterprise Law 2020, and other relevant legal provisions.

- Architectural offices are established and operated by architects holding architectural practice certificates according to the business model.

2. Rights and obligations of entities practicing architecture in Vietnam

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

* Architectural practice organizations have the following rights:

- Providing architectural services;

- Intellectual property rights protection as stipulated in intellectual property law;

- Requesting the investor to provide information and documents related to the assigned tasks;

- Requesting the investor and the construction contractor to implement the approved architectural design;

- Refusing to comply with illegal requests from the investor, requests beyond the architectural design contract, or requests to change the architectural design that do not conform to standards and technical regulations;

- Refusing to accept works or project components that do not comply with the approved architectural design.

* Architectural practice organizations have the following obligations:

- Operating in the registered sector and profession;

- Fully complying with the contracts signed with clients in accordance with the law;

- Purchasing professional liability insurance as stipulated by law;

- Being responsible for the quality of work as per the signed contract and compensating for damages as stipulated by law when using information, documents, standards, technical regulations, technical solutions, or inappropriate management methods, or violating the contract that causes damage.

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

The Rights and obligations of architects obtaining architecture practicing certificates in Vietnam according to Article 32 of the Law on Architecture 2019 are as follows:

* Architects with architectural practice certificates have the following rights:

- Providing architectural services;

- Intellectual property rights protection as stipulated in intellectual property law;

- Requesting the investor to provide information and documents related to the assigned architectural design tasks;

- Requesting the investor and the construction contractor to implement the approved architectural design;

- Refusing to comply with illegal requests from the investor;

- Refusing to accept works or project components that do not comply with the approved architectural design or technical standards and regulations;

- Requesting the investor to strictly comply with the contract.

* Architects with architectural practice certificates have the following obligations:

- Adhering to the Professional Code of Conduct for practicing architects;

- Continuous professional development;

- Author supervision during the construction of the works;

- Fully meeting commitments with investors according to the contract.

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