Chương III Nghị định 85/2020/NĐ-CP: Quy định về hành nghề kiến trúc

Chapter III

PROVISIONS ON PRACTICE OF ARCHITECTURE

Section 1. CODE OF PROFESSIONAL CONDUCT AND ONGOING CAREER DEVELOPMENT

Article 23. Power and procedures for promulgating code of professional conduct of practicing architects

1. Vietnam Association of Architects shall establish and promulgate code of professional conduct of practicing architects (hereinafter referred to as “the Code”) in line with the procedures mentioned in Clause 2 of this Article.

2. The Code shall be promulgated according to the following procedures:

a) Establish a drafting board and editorial team to draft the Code;

b) Establish the Code;

c) Seek opinions from agencies, socio-professional organizations and relevant individuals about the draft Code;

d) Receive and respond to opinions and complete the draft Code and publish it on the website of Vietnam Association of Architects;

dd) Promulgate the Code.

3. Within 15 days from the date of promulgation, the Code shall be published on the website of the promulgating agency; sent to the Ministry of Construction so that it is published on its website and in other forms in accordance with regulations of law on information access.

4. The Code shall be reviewed and assessed every 05 years to make prompt adjustments thereto in a manner that is suitable for the socio - economic development in each period.

Article 24. Ongoing development of career of practicing architects

1. Ongoing career development of practicing architects includes participation in courses on professional training and law; participation in conferences, seminars and forums; survey programs and study tours in the architecture field and relevant sector; writing books and articles on architecture, writing topics and presentations to be given at conferences and seminars on architecture; participation in academic courses and post-graduate research in the field of architecture; participation in giving undergraduate and graduate lectures and professional training courses on architecture; conducting scientific research and designing inventions; winning national architecture awards.

2. Socio-professional organizations in practice of architecture, research institutes and educational institutions providing training courses in the architecture major shall perform ongoing career development activities, including organizing professional and legal training courses; organizing conferences, seminars and forums; organizing survey programs and study tours in the field of architecture and relevant field.

3. Agencies and organizations carrying out ongoing career development activities shall:

a) notify and publish information on the mass media about their programs, contents and time of performance of ongoing career development activities;

b) confirm the participation by individuals in ongoing career development activities in writing according to the form provided in the Appendix V hereof to form the basis for the individuals to prepare applications for extension of the architecture practicing certificate;

c) If engaging in ongoing career development activities in a foreign country, participants are required to have a document or certificate proving their participation. Such document or certificate must be translated into Vietnamese language and notarized or certified in accordance with Vietnam’s law.

4. Every practicing architect must satisfy the requirements for ongoing career development on an annual basis by accumulating a minimum 04 points for ongoing career development. A practicing architect aged over 60 must get at least 02 points for ongoing career development every year. Individuals who exceed the minimum requirement shall have their points carried forward to the next year. Individuals that fail to meet the requirement must have to continue accumulating points for ongoing career development in the following year.

5. Vietnam Association of Architects shall compile and promulgate a table showing detailed methods for calculating points for ongoing career development with respect to the activities listed in Clause 1 of this Article after obtaining written consent from the Ministry of Construction.

Section 2. TEST FOR ARCHITECTURE PRACTICING CERTIFICATES; APPLICATIONS AND PROCEDURES FOR ISSUANCE, RENEWAL, REVOCATION AND RE-ISSUANCE OF ARCHITECTURE PRACTICING CERTIFICATES

Article 25. Program, contents and forms of tests for architecture practicing certificates

1. Vietnam Association of Architects shall design and promulgate a program and documents serving holding of tests and a set of questions after obtaining written consent from the Ministry of Construction.

2. The set of questions worth 100 points must conform to Clause 2 Article 26 of the Law on Architecture and include:

a) 10 questions on professional experience, which are worth 40 points;

b) 05 questions on legal knowledge, which are worth 20 points;

c) 05 questions on specialized knowledge, which are worth 20 points;

d) 05 questions on the code of professional conduct of practicing architects, which are worth 20 points.

3. Forms of a test for an architecture practicing certificate:

a) Individuals applying for an architecture practicing certificate for the first time shall take the test by completing a multiple choice test and oral questions. The oral test shall be conducted immediately after the result of the multiple choice test is announced. In this test, each individual is required to draw lots and then answer up to 04 questions about knowledge and application thereof to individuals’ practice of architecture in line with the set of questions mentioned in Clause 2 of this Article;

b) Individuals applying for re-issuance or renewal of their architecture practicing certificate shall take the test by completing a multiple choice test.

4. To pass the test, an individual must be awarded at least 70 points including 16 points for the legal knowledge section; for the remaining sections, such individual must be awarded at least 50% of the points specified in Clause 2 of this Article.

5. A test shall be held every 06 months or upon request depending on the actual requirements at a licensed test location. In case of failure to hold the test, it is required to notify the applicant once in writing within 15 days from receipt of the registration form.

6. Any individual that wishes to register to take a test shall send a registration form according to the form provided in the Appendix III hereof together with a copy of his/her training certificate to the agency that holds the test, whether online, by post or in person.

7. An organization or agency holding a test for architectural practicing certificates shall:

a) notify test results to individuals within 15 days after the date of the test;

b) issue certificates of test results to individuals who pass the test.

8. The test results shall be valid for up to 12 months from the date of issuance of the certificate of test results. If the certificate of test results is lost, an application for re-issuance of the certificate shall be prepared.

Article 26. Conditions for holding tests applicable to socio-professional organizations in practice of architecture, research institutes and educational institutions providing training courses in the architecture major

1. Socio-professional organizations in practice of architecture, research institutes and educational institutions providing training courses in the architecture major are recognized to be eligible for holding tests if they satisfy the following conditions:

a) The requirements set out in Clause 3 Article 26 of the Law on Architecture are satisfied;

b) A decision to recognize a socio-professional organization in practice of architecture, research institute or educational institution providing training courses in the architecture major to be eligible for holding tests is available;

c) The conditions on infrastructure facilities serving holding of tests in the Appendix IV hereof are satisfied;

d) The educational institutions providing training courses in the architecture major must be universities or higher level institution.

2. An application for recognizing an organization eligible to hold tests includes:

a) An application form submitted to the Ministry of Construction, which is made using the form in the Appendix III hereof;

b) A description of capability to satisfy the requirements set out in Clause 3 Article 26 of the Law on Architecture;

c) A certified true copy or file containing color photo taken from the original or a copy presented together with its original for comparison of the document issued by the competent authority allowing operation and approving the charter.

3. Within 15 days from receipt of the sufficient application, the Ministry of Construction shall consider and issue a decision to recognize an organization to be eligible for issuing practicing certificates. The recognition decision shall be sent to the socio-professional organization in practice of architecture, research institute or educational institution providing training courses in the architecture major and published on the website of the Ministry of Construction within 05 days from the issuance date.

Article 27. Applications for issuance, re-issuance and renewal of an architecture practicing certificate

1. An application for issuance of an architecture practicing certificate includes:

a) An application form made using the form in the Appendix III hereof enclosing 02 portrait pictures (4x6 cm) of the applicant on a white background which was taken within the last 06 months;

b) University degree or diploma issued by a lawful training institution in conformity with the contents of the certificate to be issued; a degree or diploma issued by a foreign training institution must be translated into Vietnamese and notarized or certified in accordance with Vietnam’s law;

c) A decision on task assignment by an organization to the individual or a written certification provided by the legal representative of the investor of typical tasks completed by individuals in accordance with the contents declared by such individuals. The person signing the certification shall be responsible for the truthfullness of the contents he/she certifies. Regarding an independent practitioner, there must be a contract and record on commissioning of declared typical tasks that have been completed by such practitioner.

d) A legal document on residence or a work permit issued by a Vietnamese competent authority if the applicant is a foreign national;

dd) Valid results of the test that the applicant has passed;

e) The documents specified in Points b, c, d and dd of this Clause must be certified true copies or files containing color photos taken from the originals or copy presented together with their originals for comparison.

2. An application for renewal of an architecture practicing certificate includes:

a) An application form made using the form in the Appendix III hereof enclosing 02 portrait pictures (4x6 cm) of the applicant on a white background which was taken within the last 06 months;

b) A written certification provided by the agencies performing ongoing career development activities specified in Clause 4 Article 24 hereof;

c) A certified true copy or file containing a color photo taken from the original or a copy presented together with its original for comparison of the issued practicing certificate.

3. An application for re-issuance of an architecture practicing certificate includes:

a) An application form made using the form in the Appendix III hereof enclosing 02 portrait pictures (4x6 cm) of the applicant on a white background which was taken within the last 6 months;

b) A certified true copy or file containing a color photo taken from the original or a copy presented together with its original for comparison of the issued practicing certificate and document proving the information that needs changing.

Article 28. Procedures for issuance, re-issuance, renewal and revocation of an architecture practicing certificate

1. In the case of issuance, re-issuance or renewal of an architecture practicing certificate

a) The applicant shall submit an application prescribed in Article 27 hereof to the authority that has power to issue practicing certificates (hereinafter referred to as “the issuing authority”), whether online or by post or in person;

b) Upon receipt of a sufficient and valid application, the issuing authority shall issue the practicing certificate within 15 days in the case of issuance; 05 days in the case of re-issuance; 10 days in the case of renewal of the practicing certificate. If the application is insufficient or invalid, the issuing authority shall notify the applicant once in writing within 05 days from receipt of the application;

c) The applicant shall pay fees upon applying for issuance, re-issuance or renewal of the practicing certificate. The collection, payment and management of such fees shall comply with regulations of the Ministry of Finance.

2. In the case of revocation of an architecture practicing certificate:

a) Within 10 days from receipt of an inspection conclusion suggesting revocation of the practicing certificate or upon discovering or having one of the grounds specified in Clause 1 Article 30 of the Law on Architecture, the authority that has the power to revoke practicing certificates shall issue a revocation decision and declare invalidation of the practicing certificate, publish the decision on its website and send information thereon to the Ministry of Construction for publication on its website;

b) The authority that has the power to revoke practicing certificates shall send the revocation decision to the individual and publish it on its website; and send information thereon to the Ministry of Construction for publication on its website within 05 days from the issuance date;

c) In case of revocation of a practicing certificate that is incorrectly recorded by the issuing authority, the authority that has the power to revoke practicing certificates shall re-issue it 10 days from receipt of the revoked practicing certificate.

Section 3. ARCHITECTURE PRACTICE BY FOREIGN NATIONALS IN VIETNAM

Article 29. Determining period of rendering of architectural services in Vietnam

The period of rendering of architectural services in Vietnam shall be determined according to the legal document on residence or work permit and employment contract issued by a Vietnamese competent authority if the applicant is a foreign national;

Article 30. Applications for recognition and conversion of architecture practicing certificates of foreign nationals practicing architecture in Vietnam

An application for recognition and conversion of an architecture practicing certificate of a foreign national practicing architecture in Vietnam includes:

1. An application form made using the form in the Appendix III hereof enclosing 02 portrait pictures (4x6 cm) of the applicant on a white background which was taken within the last 6 months.

2. A copy of the training degree/diploma or practicing certificate issued by a foreign agency or organization, which must be translated into Vietnamese and notarized or certified in accordance with Vietnam’s law.

3. A certified true copy or file containing color photo taken from the original or a copy presented together with its original for comparison of the lawful document on residence or work permit issued by a Vietnam’s competent authority as prescribed.

Article 31. Procedures for recognition and conversion of architecture practicing certificates of foreign nationals practicing architecture in Vietnam

1. The applicant shall submit an application prescribed in Article 30 hereof to the issuing authority, whether online or by post or in person.

2. Upon receipt of a sufficient and valid application, the competent authority shall recognize and converse the practicing certificate within 10 days. If the application is insufficient or invalid, the issuing authority shall notify the applicant once in writing within 05 days from receipt of the application.

3. The period of practice of architecture set out in the certificate of recognition and conversion of architecture practicing certificates of foreign nationals in Vietnam is the same as the effective period of the practicing certificates issued by the foreign authority or organization.

4. Applicants shall pay fees upon submitting applications. The collection, payment and management of fees for issuance of practicing certificates shall comply with regulations of the Ministry of Finance.