Chương III Luật Kiến trúc 2019: Hành nghề kiến trúc

Chapter III

PRACTICE OF ARCHITECTURE

Section 1. GENERAL PROVISIONS ON PRACTICE OF ARCHITECTURE

Article 19. Architectural services

1. Architectural service is a business of design and construction design evaluation services.

2. Architectural services, including:

a) Construction architectural design;

b) Architectural design included in urban planning, rural planning and urban design schemes;

c) Landscape architectural design;

d) Interior design;

dd) Indications for architectural engineering characteristics of construction works;

e) Construction architectural assessment;

g) Architectural design evaluation.

Article 20. Socio-professional associations in practice of architecture

Socio-professional associations in practice of architecture must be established, organized and operated under law and other provisions of relevant law.

Article 21. Requirements for practice of architecture

1. 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 herein.

2. 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.

3. Entities providing architectural services must meet qualification requirements specified in Article 33 herein.

Article 22. Rules of professional conduct for practicing architects

1. Rules of professional conduct for practicing architects must be conformable to legislative regulations and must include the followings:

a) Practicing principles;

b) Competitiveness in practice of architecture;

c) Guarantee of gender equality;

d) Intellectual property rights;

dd) Interpersonal behaviors towards colleagues and customers.

2. Rules of professional conduct for practicing architects may be applied to entities and persons practicing architecture.

3. The Government shall set out specific regulations on authority over, processes and procedures for enforcement of rules of professional conduct for practicing architects.

Article 23. Ongoing career development

1. Ongoing career development includes such activities as updating, maintaining, strengthening and improving knowledge and skills of practicing architects.

2. Socio-professional associations in practice of architecture, research institutes and training establishments providing training courses in the architecture major shall take charge of performing activities listed in clause 1 of this Article and shall carry out assessment of ongoing career development with respect to practicing architects.

3. The Government shall set out specific provisions of this Article.

Article 24. Management of information about practice of architecture

1. Within 05 working days after issuance of certificate of practice of architecture or of receipt of the notice from architecture practicing entities basing their business at localities, regulatory authorities specialized in architecture under the control of provincial-level People’s Committees shall have to publicize information about architecture practicing entities and persons on their respective websites and send information to the Ministry of Construction.

2. Within 05 working days of receipt of information from regulatory authorities specialized in architecture under the control of provincial-level People’s Committees, the Ministry of Construction shall have to publicize information about architecture practicing entities and persons on the Ministry’s portal.

Section 2. SELF-EMPLOYED PRACTICE OF ARCHITECTURE

Article 25. Self-employed architects

1. Self-employed architects are those architects with architecture qualification who are not under the control of entities practicing the architecture profession and act on their own account to render architectural services.

2. Self-employed practicing architects shall render architectural services under contracts with entities and persons specified herein and other provisions of relevant law.

Article 26. Test for grant of architecture practicing certificates

1. Socio-professional associations in architecture, research institutes and establishments providing training courses in architecture shall give the test for grant of architecture practicing certificates.

2. The test for grant of architecture practicing certificates shall be designed to include the following questions:

a) Professional experience related to architecture;

b) Legal knowledge about the sector that examinees are practicing;

c) Specialized knowledge about architecture;

d) Knowledge about rules of professional conduct for practicing architects.

3. Socio-professional associations in architecture, research institutes and establishments providing training courses in architecture are recognized to be qualified for giving the test for grant of architecture practicing certificates if they meet the following requirements:

a) They must be established under law;

b) Their business relates to the architecture sector;

c) They must have an adequate number of employees and physical facilities necessary for the test.

4. The Government shall set out specific regulations on test arrangements, contents and forms; validity term of test results; requirements for being qualified for giving the test for grant of architecture practicing certificates that are applied to socio-professional associations in architecture, research institutes and establishments providing training courses in architecture.

Article 27. Authority to grant, renew, revoke and reissue architecture practicing certificates; validity period of architecture practicing certificates

1. Regulatory authorities specialized in architectural activities that are put under the control of provincial-level People's Committees shall be authorized to issue, renew, revoke and reissue architecture practicing certificates.

2. Each architecture practicing certificate can be valid nationwide for the duration of 10 years.

3. Minister of Construction shall promulgate specified regulations on the sample architecture practicing certificate.

Article 28. Requirements for issuance and renewal of architecture practicing certificates

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

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

b) 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;

c) 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:

a) Architecture practicing certificate has expired;

b) Ongoing career development is guaranteed;

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

3. 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 this Article.

4. Persons winning national or international architecture awards can be exempted from the requirements prescribed in point b of clause 1 of this Article.

Article 29. Issuance and renewal of architecture practicing certificates

1. Persons applying for issuance and renewal of architecture practicing certificates shall submit one set of documentation in person, online or by post to entities specialized in the architecture sector under the control of provincial-level People’s Committees.

2. Regulatory authorities specialized in architectural activities that are put under the control of provincial-level People's Committees shall be authorized to establish a council to consider issuing and renewing architecture practicing certificates. The council shall be composed of representatives of regulatory authorities specialized in architecture under the control of provincial-level People's Committees, socio-professional associations in practice of architecture or research institutes, establishments providing training courses in architecture and/or architecture experts.

3. The council and members of the council authorized to consider issuing and renewing architecture practicing certificates shall bear responsibility before law and to the person making the decision on establishment of the council for its counsels and advices.

4. Members of the council authorized to consider issuing and renewing architecture practicing certificates may hold multiple offices; the council shall be automatically closed after completion of assigned missions.

5. The Government shall set out specific regulations on documentation and application requirements and procedures for issuance and renewal of architecture practicing certificates.

Article 30. Withdrawal and reissuance of architecture practicing certificates

1. Architecture practicing certificate shall be withdrawn under the following circumstances:

a) The holder has no longer been qualified for issuance and renewal of architecture practicing certificates as provided in Article 28 herein;

b) Application documentation for issuance, reissuance and renewal of architecture practicing certificate is forged;

c) There is none of serious violations against rules of professional conduct for practicing architects;

d) Professional and technical faults arising from rendering of architectural services has led to severe consequences according to conclusions of competent regulatory authorities;

dd) The affected holder is prohibited from practicing or performing activities related to architecture according to the Court’s legitimate judgment or decision.

2. Architecture practicing certificate may be reissued under the following circumstances:

a) Architecture practicing certificate has been lost or damaged;

b) Personal information inscribed in architecture practicing certificate is changed.

3. In case of being revoked or withdrawn, the architecture practicing certificate falling into the situations prescribed in point c and d of clause 1 of this Article may be reissued 12 months after the revocation or withdrawal date, or the architecture practicing certificate falling into the situations prescribed in point dd of clause 1 of this Article may be reissued 12 months after the expiry date of prohibition on practicing architecture or performing activities related to architecture, only when the requirements specified in clause 1 of Article 28 herein are met.

4. The Government shall set out specific regulations on application and documentation requirements and procedures for revocation, withdrawal or reissuance of architecture practicing certificates.

Article 31. Practice of architecture by foreign nationals in Vietnam

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

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

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

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

a) 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;

b) 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.

3. 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.

Article 32. Rights and obligations of architects obtaining architecture practicing certificates

1. Architects holding architecture practicing certificates shall be vested with the following rights:

a) Render architectural services;

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

c) Request project owners to provide information and documents related to assigned duties to produce architectural designs;

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

dd) Refuse to perform any illegal request of project owners;

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

g) Request project owners to observe contractual terms and conditions.

2. Architects holding architecture practicing certificates shall assume the following obligations:

a) Comply with rules of professional conduct for practicing architects;

b) Have access to ongoing career development;

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

d) Observe commitments to project owners stated in contracts.

Section 3. PRACTICE OF ARCHITECTURE BY ENTITIES

Article 33. Requirements for business operations and forms of practice of architecture

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

a) They must be established under law;

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

c) 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.

2. 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.

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

Article 34. Rights and obligations of entities practicing architecture

1. Entities practicing architecture shall be vested with the following rights:

a) Render architectural services;

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

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

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

dd) 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;

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

2. Entities practicing architecture shall assume the following obligations:

a) Operate within the registered scope of business;

b) Duly execute contracts with customers in compliance with provisions of law;

c) Purchase professional liability insurance in accordance with law;

d) 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.

Article 35. Designer's supervision

1. Entities practicing architecture or self-employed architects shall be held responsible for carrying out the designer's supervision during the construction period.

2. The performer of designer’s supervision shall be vested with the following rights:

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

b) Directly, or by authorizing other entities or persons holding architecture practicing certificates, perform designer’s supervision under contractual terms and conditions and the provisions of relevant law;

c) Inform or cease designer’s supervision if the construction period is greater than the one specified in the contract, unless otherwise agreed;

d) Refuse to any request for unreasonable modifications in architectural designs from project owners;

dd) Refuse to sign project commissioning reports when construction projects are in breach of approved architectural designs.

3. The performer of designer’s supervision shall assume the following obligations:

a) Participate in commissioning of completed projects in accordance with laws and contracts with project owners;

b) Make any correction of errors arising in architectural designs upon the project owner's request;

c) Inform project owners or state regulatory authorities in charge of architecture affairs at localities so that they can take necessary action in case of discovering that construction activities contravene approved architectural designs.