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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
40/2019/QH14
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Hanoi,
June 13, 2019
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LAW
ON ARCHITECTURE
Pursuant to the Constitution of the
Socialist Republic of Vietnam;
The National Assembly hereby
promulgates the Law on Architecture.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Law provides for management of
architecture and practice of architecture; rights, obligations and responsibilities
of entities and persons involved in architectural activities.
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This Law applies to entities and
persons involved in architectural activities and others related to
architectural activities within the territory of Socialist Republic of Vietnam.
Article 3.
Interpretation
For the purposes of this Law, terms
used herein shall be construed as follows:
1. Architecture refers to an
art, science and technology in making spatial arrangement and creating the
sustainable living environment to meet human and public demands.
2. Architectural activities include
management and practice of architecture.
3. Architectural design refers
to an act of formulating architectural plans and expressing architectural
concepts and architectural technological solutions in planning, construction,
interior, exterior and landscaping design documentation.
4. Architectural structure refers
to a single or combination of construction works or items developed by
actualizing an architectural concept or design.
5. Architectural structure of
value refers to a typical architectural construction work of architectural,
historic, cultural and artistic value which is accredited by a competent
authority.
6. Practice of architecture refers
to a professional activity of an entity or person providing architectural
services.
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1. Comply with this Law and other
provisions of relevant laws.
2. Correspond to the strategy for development
of Vietnamese architecture, urban planning and rural planning; meet demands for
sustainable socio-economic growth, assurance of national defence, security,
environmental protection and rational use of natural resources, adaptation to
climate change, prevention and control of natural disasters.
3. Preserve, uphold and promote
traditional architectural value and acquire the world’s architectural
quintessence. Build the Vietnamese architecture to become progressive, modern
and full of traditional cultural values.
4. Apply scientific researches,
high, advanced and new technologies to match practical conditions of Vietnam to
ensure ergonomic, technical and artistic efficiency, economical and effective
energy use.
5. Ensure institutional, public and
personal involvements; balance state and public interests, rights and benefits
of entities and persons.
Article 5.
Traditional cultural values in architectural activities
1. Traditional cultural values in
the architecture sector include typical characteristics, features and
particular marks in terms of natural, socio-economic, cultural and artistic
conditions; habits and customs of involved ethnics; construction techniques and
materials, all of which must be incorporated in architectural structures and convey
the signature style of Vietnamese architecture.
2. By taking account of typical
features and characteristics of traditional culture at each locality,
provincial-level People's Committees shall be responsible for conducting
researches and surveys based on which statutory requirements concerning
traditional cultural values will be assessed and integrated into rules and
regulations as to management of architecture appropriated for respective
jurisdictions.
3. Entities and persons shall be
responsible for protecting, conserving and upholding traditional cultural
values infused into architectural products.
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1. The State shall put its
investments in the following activities:
a) Developing the scheme for
development of Vietnamese architecture;
b) Conduct the statistics, survey
and build the database of architectural activities; set technical standards and
regulations on architecture;
c) 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;
d) 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:
a) 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;
b) Providing training and refresher
courses for the architectural workforce; conducting scientific researches,
applying and transferring advanced, progressive and new architectural
technologies;
c) Protecting, conserving and
rehabilitating architectural structures of value which have not been ranked as
historical - cultural heritages;
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dd) 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:
a) Forming cooperation and
partnership in scientific researches, application and transfer of technologies,
provision of technical services and others in the architecture sector;
b) Encouraging private involvements
in providing public services in the architecture sector;
c) Giving free-of-charge assistance
and counsels in the architecture sector in the public interests.
Article 7.
Vietnam’s Architecture Day
April 27 each year shall be
selected as Vietnam’s Architecture Day.
Article 8.
International cooperation in architecture
1. International cooperation in
architecture with countries and territories must adhere to the principles of
equality, mutual interest, respect for national independence, sovereignty,
territorial integrity and domestic legislation of each partner and
international laws.
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a) Scientific research, application
and transfer of technologies and exchange of information about architecture;
b) Architectural workforce training
and education;
c) Implementation of architectural
activities;
d) Mutual recognition in the
practice of architecture.
Article 9.
Prohibited acts
1. Hindering the management and
practice of architecture.
2. Abusing the practice of
architecture to cause adverse impacts on national defence, security, state and
public interests, social order, living environment, legitimate rights and
benefits of entities and persons.
3. Offering and accepting bribes,
making illegal tying and brokerage arrangements in architectural activities.
4. Disclosing materials listed as
state secrets; revealing business information provided by customers, unless
otherwise agreed upon in writing by customers or prescribed in laws.
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6. Infringing upon the intellectual
property rights in architectural activities.
7. Providing counterfeit or
untruthful materials and data; preparing architectural design and construction
documentation which are not conformable to national technical regulations.
8. Carrying out fraudulent acts in
taking examinations, issuing and using practicing certificates in architecture.
9. Abusing and making inappropriate
use of powers, rights to or lacking responsibilities for the management of
architecture.
Chapter II
MANAGEMENT OF ARCHITECTURE
Article 10.
Requirements of architectural management
1. Conform to principles of
architectural activities set out in Article 4 herein.
2. Ensure consistency in management
of architecture with respect to the overall and specific spatial arrangements
of architectural structures.
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4. Avoid negative impacts on
natural landscapes, historical – cultural heritages and architectural
structures of value and biological environment.
5. Ensure economical and effective
use of energy.
Article 11.
Requirements of urban and rural architecture
1. Urban architecture must meet the
following requirements:
a) Harmonize with overall spaces,
architecture and landscapes of the sites intended for construction of
architectural structures; connect the architecture of the existing sites, newly
developed ones and border crossings between urban and rural areas, and admire
natural scenery;
b) Use colors, materials and
decorate the outer faces of architectural structures in an aesthetic manner
without causing any adverse impact on human eyes, health, environment and
traffic safety;
c) Refurbishment of an existing
residential home and construction of a new one must be combined concordantly to
produce an architectural structure which fits into natural and climatic
conditions, and detached residential homes must be aligned with the general
architectural layout in a specific region;
d) Public construction works and
urban utility facilities built along streets must be aesthetic, useful and safe
to humans and means of transport;
dd) Signs, markers, advertisement
billboards, lighting systems and decorative items used in urban areas must meet
regulations and outdoor advertising planning requirements as well as fit into
the overall urban architectural plan;
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g) Traffic amenities must be
designed in a consistent manner to meet requirements concerning public access,
aesthetics and characteristics of urban areas.
2. Rural architecture must meet
requirements referred to in points a, b, c and e of clause 1 of this Article
and the followings:
a) Ensure that traditional
architectural and cultural values are inherited; indigenous building materials
and advanced engineering methods are preferred for use;
b) Meet standards applied to
residential homes, living spaces and cultural spaces so that rural
architectural structures are adjusted to natural conditions, customs and habits
of ethnic groups;
c) As for areas prone to natural
disasters, strengthen use of architectural designs for public works and
residential homes at rural areas in order to meet requirements as to adaptation
to climate change and prevention and control of natural disasters.
Article 12.
Architectural design
1. Owners of architectural
structures must take charge of developing architectural design schemes and
carrying out architectural designs.
2. Architectural designs must be
produced by organizations and individuals satisfying qualification requirements
specified herein and other provisions of law.
3. In order to produce an
architectural design, architectural solutions must be integrated with
architectural planning; all following requirements must be considered
completely, including socio-economic efficiency, functional, practical use,
engineering, fire safety and environmental protection, economical and effective
energy use, traditional cultural value and other requirements applied to architectural
structures; these architectural may be easily accessible to disabled, elderly
people and children; gender equality must be respected.
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5. Minister of Construction shall
be vested with authority to adopt specific regulations on architectural design
documentation.
Article 13.
Management of architectural structures of value
1. Architectural structures of
value which have already been ranked as historical – cultural relics shall be
managed under law on cultural heritages.
2. Architectural structures of
value which are not covered in clause 1 of this Article shall be reviewed and
assessed on an annual basis or inventoried for official purposes by
provincial-level People's Committees.
3. Provincial-level People's
Committees shall consult with provincial-level architectural advisory councils
and other related entities or persons about compilation of the list of
architectural structures of value stipulated in clause 2 of this Article before
reaching their approval decisions.
4. Owners and users of
architectural structures in the list of architectural structures of value shall
have the following rights and obligations:
a) Receive benefits from
protection, conservation, repair, rehabilitation and operation of their
architectural structures;
b) Receive the state subsidies for
costs incurred from protection, conservation, repair and rehabilitation of
their architectural structures;
c) Protect, conserve, repair and
rehabilitation of architectural values of these structures; ensure safety for
access to, use and operation of these structures;
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dd) Whenever detecting any sign of
decrease in quality or unsafe texture, inform local authorities in a timely
manner.
5. The Government shall be vested
with authority to promulgate specific regulations on assessment and
classification of architectural structures of value; processes and procedures
for compiling, evaluating, approving and adjusting the list of architectural
structures of value.
Article 14.
Regulations on management of architecture
1. Regulations on management of
architecture shall be adopted to apply to urban areas and rural residential
spots in provinces and centrally-affiliated cities.
2. Regulations on management of
architecture must ensure conformity with the following requirements:
a) In line with provisions laid
down in Articles 10, 11 and 13 herein;
b) Correspond to urban
architectural designs approved by competent authorities, national technical
standards and regulations;
c) Match traditional cultural
values, local actual features and conditions.
3. Regulations on management of
architecture shall be comprised of the followings:
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b) Determining requirements
concerning traditional cultural values with respect to locality-specific
architecture as per clause 1 of Article 5 herein;
c) Identifying areas where
particular urban designs are needed, streets and areas where architectural
renovation priority is given, and implementation plan; areas subject to special
management requirements;
d) Regulations on management of
architecture of residential homes, public construction works, urban public utility
facilities, industrial facilities, technical infrastructure premises and
construction projects that require architectural plan tests;
dd) Regulations on management and
protection of architectural structures of value;
e) Regulating responsibilities of
entities and persons for implementation of regulations on management of
architecture;
g) Maps, drawings and illustrating
images;
h) Appendix on the list of
architectural structures of value.
4. Provincial-level People's
Committees shall set out regulations on management of architecture and petition
same-level People’s Councils to adopt and enforce these regulations; as for
regulations on management of architecture of special-class cities or class-I
cities which are centrally-affiliated ones, the consent from the Ministry of
Construction must be sought.
5. The Government shall promulgate
specific regulations on contents of regulations on management of architecture;
regulations on application and documentation procedures and processes for
formulation, evaluation, collection of public opinions on, release and methods
for implementation of regulations on management of architecture.
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1. Provincial-level People's
Committees shall review and evaluate the process of implementation of
regulations on management of architecture on a quinquennial or ad-hoc basis
before deciding whether regulations on management of architecture may be
revised. Subject matters of review and evaluation of the process of implementation
of regulations on management of architecture shall be subject to the
Government’s regulations.
2. Requirements for revision of
regulations on management of architecture shall be regulated as follows:
a) Any adjustment in urban
planning, rural planning, urban design and boundaries of administrative
subdivisions may affect the characteristics, functions and scale of areas
covered by regulations on management of architecture;
b) Existence of projects of
national significance causes impacts on the spatial layout of entire areas
covered by regulations on management of architecture;
c) Regulations on management of
architecture are not likely to be implemented or implementation of these
regulations has adverse impacts on the socio-economic development, national
defence, security, social protection, biological environment and historic –
cultural relics;
d) Revision of these regulations is
made in state and public interests.
3. Principles of revision of
regulations on management of architecture shall be regulated as follows:
a) Attention must be paid to those
regulations that need to be revised while legal value of those regulations that
do not need to be revised as specified according to approval decisions shall
remain unchanged;
b) Revision must be made on the
basis of analysis and evaluation of the current state and clear determination
of requirements for revision provided that these regulations are adapted for
developmental requirements.
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Article 16.
Architectural advisory council
1. National architectural advisory
council may be established under the Prime Minister's decision where necessary
to give counsels to the Prime Minister on architecture-related matters and
architecture of several important construction projects.
2. Provincial-level architectural
advisory councils may be established under the decisions of the
Chairman/Chairwomen of People’s Committees where necessary to give counsels to
the Chairmen/Chairwomen on matters arising in the architecture sector and
architecture of several important construction projects and architectural
structures of value under their jurisdiction.
3. Members of an architectural advisory
council shall be representatives of state regulatory authorities in charge of
architecture and experts involved in activities related to the architecture
sector.
4. An architectural advisory
council and members of an architectural advisory council shall bear
responsibility before law and to the person making the decision on
establishment of the council for its counsels and advices.
5. Members of an architectural
advisory council may hold multiple offices; the council shall be automatically closed
after completion of assigned missions.
Article 17.
Architectural plan test
1. Architectural plan test refers
to a test designed to select the best architectural plan that meets
requirements concerning planning, architecture, culture, socio-economic efficiency,
national defence, security and environmental protection.
2. The following construction
projects shall be subject to the compulsory requirement for participation in
the architectural plan test, including:
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b) Provincial-level central train
terminals and civil aviation terminals; bridges inside class-II or higher-level
urban areas and inner-city railway stations; statues and construction projects
symbolic of tradition, culture and history at localities; important
construction projects and landmarks located inside urban areas and along main
streets that are specified in urban planning and design schemes and regulations
on management of architecture approved by competent authorities.
3. Architectural plan test may be
proposed in the investment policy or pre-feasibility study report.
4. Persons having competence in
making investment decisions shall be accorded authority to decide on the forms
of architectural plan test and decide to establish the architectural plan test
council.
5. Costs incurred from such test
shall be calculated as part of total investment in a project.
6. Based on the architectural plan
successfully passing the test, entities and persons owning such plan can take
further steps in a project if they meet requirements stipulated in law on
construction and procurement law.
7. Information about the test, the
architectural plan test council and marking results must be made publicly on
mass media by the project owner.
8. The Government shall issue
specific provisions of this Article.
Article 18.
Document archival
State regulatory authorities in
charge of architecture and project owners shall be responsible for keeping
archive of architectural design documents and materials. Consulting entities
and persons, construction contractors and construction management boards shall
be responsible for keeping archive of documentation on their activities in
accordance with law on archival and other provisions of relevant law.
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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;
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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
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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.
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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
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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.
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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.
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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.
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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:
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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;
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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;
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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;
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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;
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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:
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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.
Chapter IV
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Article 36.
Tasks involved in state management of architecture
1. Promulgate and submit to
competent authorities for promulgation and take charge of the implementation of
legislative normative documents on architecture.
2. Formulate and take charge of
implementing the policy on Vietnam’s architecture, strategy, program, project
and plan for architectural activities.
3. Preside over and consistently
take control of urban architecture and rural architecture; administer practice
of architecture.
4. Grant, renew, revoke and reissue
architecture practicing certificates.
5. Formulate and enforce
engineering standards and regulations pertaining to architecture.
6. Preside over and take control of
scientific researches and applications of architectural technologies; provide
employees with training and refresher courses in architectural activities.
7. Carry out architectural law
propaganda, dissemination and education programs.
8. Enter into international
cooperation in architecture.
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10. Provide guidance on, inspect
and evaluate implementation of laws on architecture; handle any complaint,
denunciation and give rewards and impose sanctions on violations arising from
architectural activities.
Article 37.
Responsibilities of the Government, Ministries and Ministry-level agencies
1. The Government shall exercise
uniform state management of architecture on a nationwide scale.
2. The Ministry of Construction
shall act as a presiding body assigned to assist the Government in exercising
the state management of architectural activities throughout the nation and
shall assume the following responsibilities:
a) Develop the policy on
development of Vietnam’s architecture and submit it to the Prime Minister to
seek his approval;
b) Promulgate according to its
competence or submit to competent authorities for promulgation and undertake
the implementation of policies, legal normative documents, technical standards
and regulations pertaining to architectural activities;
c) Take charge of architectural
activities as part of project management and evaluation and construction
design;
d) Provide instructions for, inspect
and assess compliance with law on architecture;
dd) Handle any complaint,
denunciation, give rewards and impose actions against violations arising from
architectural activities;
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g) Provide professional training
and refresher courses in architectural activities;
h) Cooperate with Ministries,
Ministry-level agencies and provincial-level People’s Committees in inspecting
and evaluating the architectural quality of construction projects;
i) Issue architectural design
samples for public works and residential homes at rural areas that meet
requirements as to adaptation to climate change and prevention and control of
natural disasters;
k) Set up the database pertaining
to architecture and practice of architecture on a nationwide scale; manage and
provide information necessary to perform architectural activities;
l) Enter into international cooperation
in architecture.
3. Ministries and Ministry-level
agencies shall, within the ambit of their tasks and powers, have the burden of
cooperating with the Ministry of Construction in performing the task of State
management of architectural activities.
Article 38.
Responsibilities of all-level People’s Committees
1. Provincial-level People’s
Committees shall, within the ambit of their duties and powers, have the
following responsibilities:
a) Exercise state management of
architectural activities under the provisions of this Law and the powers
delegated by the Government; issue regulatory documents under their delegated
powers; take charge of providing instructions for, inspecting, evaluating and
imposing sanctions against violations arising from implementation of law on
architectural activities;
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c) Provide professional training
and refresher courses in architecture for managerial employees and staff
members of entities under the delegated powers;
d) Set up the database pertaining
to architecture and practice of architecture on a local scale; manage and
provide information necessary to perform architectural activities;
dd) On an annual basis, submit a
review report to the Ministry of Construction on the state management of
architectural activities.
2. District-level People’s
Committees shall, within the ambit of their duties and powers, have the
following responsibilities:
a) Exercise the state management of
architectural activities within their respective remit in accordance with law;
b) Provide professional training
and refresher courses in architecture for managerial employees and staff
members of entities under the delegated powers.
Chapter V
IMPLEMENTATION PROVISIONS
Article 39.
Amendments and supplements to laws regarding architectural activities
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a) Amending and supplementing
clause 1 of Article 91 as follows:
“1. Conform to the detailed
construction planning scheme already approved by competent state authorities.
As for construction works in areas or on streets inside established urban areas
without detailed construction planning or urban designs, it is obligatory to
conform to regulations on management of architecture promulgated by competent
state authorities.";
b) Amending and supplementing point
a of clause 1 of Article 93 as follows:
“a) Correspond to purposes of use
of land according to the approved land-use planning and regulations on
management of architecture enforced by competent state authorities;”;
c) Attaching clause 4a to clause 4
of Article 148 as follows:
“4a. Entities and persons
practicing architecture shall comply with provisions of law on architecture.”;
d) Inserting clause 4 after clause
3 of Article 149 as follows:
“4. Architecture practicing
certificates shall be subject to provisions of law on architecture.”;
dd) Repealing Article 81.
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a) Amending and supplementing
clause 1 of Article 69 as follows:
“1. Entities and persons building,
renovating and repairing architectural structures, technical infrastructure
facilities, social amenities and houses must obey the approved detailed
planning, regulations on management of architecture and law on
construction.";
b) Amending and supplementing
clause 6 of Article 72 as follows:
“6. Project owners identified in
investment decisions shall be responsible for managing technical
infrastructure, spaces and architecture according to the approved urban
planning, regulations on management of architecture within the boundaries of
project sites, except if management tasks are assigned to People’s
Committees.”;
c) Repealing Article 60.
3. Replacing the phrase used in
several following laws:
a) Replacing the phrase
“regulations on management of urban planning and architecture” with
“regulations on management of architecture” in clause 2 of Article 93 in the
Law on Construction No. 50/2014/QH13 already amended and supplemented by the
Law No. 03/2016/QH14 and the Law No. 35/2018/QH14;
b) Replacing the phrase
“regulations on management of urban planning and architecture” with
“regulations on management of architecture” in clause 2 of Article 20 in the
Law on Housing No. 65/2014/QH13;
c) Replacing the phrase
“regulations on management of urban planning and architecture” with
“regulations on management of architecture” in Article 5, point e of clause 3
of Article 12, clause 3 of Article 13 and clause 1 of Article 52 in the Law on
Urban Planning No. 30/2009/QH12 already amended and supplemented by the Law No.
77/2015/QH13 and the Law No. 35/2018/QH14.
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Article 40.
Entry into force
This Law shall take effect on July
1, 2020.
Article 41.
Transitional provisions
1. Regulations on management of
urban planning and architecture already approved under the provisions of the
Law on Urban Planning prior to the entry into force of this Law may be continue
to exist till end of December 31, 2021.
2. Construction architectural design
tests or selections governed under the provisions of the Law on Construction
with the selection plan already approved prior to the entry into force of this
Law may be continued to exist till end of December 31, 2021.
3. Construction practicing
certificate granted a person providing construction architectural design and
construction architectural design evaluation services under law on construction
may be valid till end of the expiry date, unless otherwise prescribed in clause
4 of this Article.
4. If construction practicing
certificate granted a person providing construction architectural design and
construction architectural design evaluation services expires within the period
from July 1, 2020 to end of December 31, 2020, it may be continued to exist till
end of December 31, 2020; in case of being lost or damaged, it will be reissued
in accordance with law on construction.
This Law is passed in the 7th
plenary session of the XIVth National Assembly of the Socialist
Republic of Vietnam held on June 13, 2019.
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NATIONAL
ASSEMBLY’S CHAIRWOMAN
Nguyen Thi Kim Ngan
Đã cập nhật Luật Đất đai 2024 mới nhất