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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
85/2020/ND-CP
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Hanoi, July 17, 2020
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DECREE
ELABORATION OF THE LAW ON
ARCHITECTURE
Pursuant
to the Law on Government Organization dated June 19, 2015;
Pursuant
to the Law on Architecture dated June 13, 2019;
At the
request of the Minister of Construction;
The
Government hereby promulgates a Decree on elaboration of the Law on
Architecture.
Chapter I
GENERAL
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This
Decree elaborates contents the Law on Architecture assigned by the National
Assembly in Clause 5 Article 13; Clause 5 Article 14 and Clause 1 Article 15;
Clause 8 Article 17; Clause 3 Article 22; Clause 3 Article 23; Clause 4 Article
26; Clause 5 Article 29; Clause 4 Article 30 and Clause 3 Article 31 on
architectural structures of value; regulations on management of architecture;
architectural plan contests; code of professional conduct of practicing
architects; ongoing career development; test for architecture practicing
certificates; issuance, renewal, revocation and re-issuance of architecture
practicing certificates; architecture practice by foreign nationals in Vietnam.
Article 2. Regulated entities
This Decree applies to
organizations and individuals during architectural activities and other
organizations and individuals involved in architectural activities within the
territory of the Socialist Republic of Vietnam.
Chapter II
REGULATIONS
ON MANAGEMENT OF ARCHITECTURE
Section 1. ARCHITECTURAL STRUCTURES OF VALUE
Article 3. Criteria for assessing whether architectural
structures are of value
1. The
criteria concerning the architectural art and landscape value include the
following:
a)
Whether the structure is typical of an architecture type or architectural
style;
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c) The
structure’s value in connection with the landscape, the structure’s
contribution to the urban landscape, scenic landscape or natural landscape;
d) The
technical value, the value of the construction technology and the value of use
of building materials.
2. The
criteria concerning historical and cultural value include the following:
a) Whether
the structure is typical of a historical period;
b) The
structure’s connection with the typical characteristics and nature of the local
culture;
c) The
age and service life of the structure.
3. Table
of points for assessing whether an architectural structure is of value is
provided in the Appendix I hereof.
Article 4. Classification of architectural structures of
value
1.
Architectural structures of value are classified into the 03 following
categories:
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2. Every
People’s Committee of the province or central-affiliated city (hereinafter
referred to as "the provincial People's Committee") shall, according
to Clause 1 of this Article, classify and decide measures and funding for
management, protection and upholding value of architectural structures.
Article 5. Sequence of compiling, appraising, approving and
adjusting the list of architectural structures of value
1. The
provincial People's Committee shall authorize the specialized architecture
agency affiliated to the provincial People's Committee or the district-level
People’s Committee to compile or adjust the list of architectural structures of
value.
2. A list
of architectural structures of value shall be compiled as follows:
a) The
agency compiling the list of architectural structures of value shall take
charge and cooperate with the specialized culture agency affiliated to the
provincial People's Committee or the district People's Committee in reviewing
and assessing archives of architectural structures to compile a list of
architectural structures of value within the province or district, and submit
it to the provincial People's Committee for approval.
b) Any
organization or individual that suggests a structure to be included in the list
of architectural structures of value shall send a written request together with
the archive of the architectural structure to the specialized architecture
agency affiliated to the provincial People's Committee for review and
assessment purposes.
c) The
archive of an architectural structure shall contain the history and assessment
of value of the structure; photos of the current status and historical photos of
the structure (if any); general plan, storey plan, elevation and section
drawing and sections; photos and drawings showing details of the decoration (if
any) and clarifying the value of the structure.
d)
Documents concerning the list of architectural structures of value shall
consist of a draft statement; a list of architectural structures of value and
enclosed appendices; a description of contents suggested being included in the
list; archive of each architectural structure enclosed with relevant documents;
proposed measures to manage, protect and uphold value of structures and funding
for implementation thereof.
dd) The
agency compiling the list of architectural structures of value shall seek
written opinions from the provincial architectural advisory council and other
relevant organizations and individuals about the archive of each architectural
structure and the list of architectural structures of value as prescribed in
Clause 3 Article 13 of the Law on Architecture within 15 days if opinions are
sought from agencies or within 30 days if opinions are sought from relevant
organizations and individuals.
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a) The provincial
People’s Committee shall decide to establish an appraisal council. The
appraisal council shall be composed of representatives of the regulatory
agency, professional associations and experts in architectural and cultural
fields and relevant organizations and individuals.
b) The
appraisal council shall appraise the list of architectural structures of value
according to the criteria set out in Articles 3 and 4 hereof.
4. The
agency compiling the list of architectural structures of value shall, according
to the appraisal results, receive, explain and complete the documentation and
submit it to the provincial People’s Committee for approval for the list.
5. The
time limit for appraising the list of architectural structures of value is 20
days from receipt of sufficient and valid document and the time limit for
approving such list is 15 days from the date on which the documentation is
completed according to the appraisal results.
6. The
list of architectural structures of value shall be adjusted as follows:
a) The
agency compiling the list shall annually review and assess architectural
structures of value within its province or district, submit a report to the
provincial People’s Committee for decision on adjustment to the list in a
manner that is relevant to the actual situation and conditions.
b)
Opinions on the contents to be adjusted in the list shall be sought and such
contents shall be appraised or approved in accordance with the sequence and
time limit specified in Point dd Clause 1, Clause 2, Clause 3, Clause 4 and
Clause 5 of this Article; and the contents on the list which have been approved
but are not adjusted shall retain their legal validity.
Section 2. REGULATIONS ON MANAGEMENT OF ARCHITECTURE
Article 6. Sequence of making, appraising and promulgating
regulations on management of architecture
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2.
Appraise regulations on management of architecture.
3.
Approve and promulgate regulations on management of architecture.
4.
Announce regulations on management of architecture.
Article 7. Time limit for making, appraising, approving and
promulgating regulations on management of architecture
1. The
time limit for making regulations on management of architecture is 15 months in
the case of central-affiliated cities; in the remaining cases, 12 months from
the date of assigning the task of making the regulations.
2. The
time limit for making regulations on management of architecture is 30 days in
the case of central-affiliated cities; in the remaining cases, 20 days from
receipt of a valid application.
3. The
time limit for approving and making regulations on management of architecture
is 10 days from the date on which the People’s Committee at the same level
approves such regulations.
Article 8. Making regulations on management of architecture
1. The
provincial People's Committee shall authorize the specialized architecture
agency affiliated to the provincial People's Committee or the district-level
People’s Committee to make regulations on management of architecture.
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a)
Investigate the status quo and conduct a site survey; collect maps, document
and data on natural conditions, types of natural disasters that frequently
occur in the region, planning and urban design (if any) and relevant documents
and legal bases to give grounds for making regulations on management of
architecture;
b) Draft
regulations on management of architecture;
c) Seek
opinions from relevant agencies, organizations and individuals about the draft
regulations on management of architecture. The time limit for seeking opinions
is 15 days if opinions are sought from agencies, and 30 days if opinions are
sought from organizations, individuals and residential communities.
3. An
application for appraisal of regulations on management of architecture is
composed of:
a) A
statement;
b) Draft
regulations on management of architecture and appendices hereto (if any);
c) A
description of the contents suggested being included in the regulations;
d) A
consolidated report on responses to opinions and copies of written opinions;
dd) Legal
documents and relevant documents;
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Article 9. Appraising, approving and promulgating regulations
on management of architecture
1. The
appraisal shall focus on:
a)
Conformity of the regulations with principles of architectural activities
specified in Article 4 of the Law on Architecture;
b)
Compliance of the regulations with Clause 2 Article 14 of the Law on
Architecture;
c)
Compliance with Articles 12 and 13 hereof.
2. The
specialized architecture agency affiliated to the provincial People’s Committee
shall organize appraisal of the regulations. During the appraisal, the agency
shall seek written opinions from relevant agencies and organizations and
establish a council to carry out the appraisal and prepare an appraisal report.
Agencies requested to give their opinions shall give their opinions within 15
days from receipt of the written request.
3. The
appraisal report shall specify opinions of the appraisal council about the
contents mentioned in Clause 1 of this Article and conclude whether the
regulations are satisfactory to be submitted for approval.
4. An
application for approval and promulgation of the regulations includes the
application for appraisal of the regulations completed according to the
appraisal opinions and the report on responses to appraisal opinions enclosed
with the appraisal report.
5.
Regarding the regulations on management of architecture applicable to a rural
settlement, the provincial People’s Committee may authorize a district-level
People’s Committee to approve and promulgate such regulations.
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1.
Opinions about regulations on management of architecture shall be sought using
one or more of the following methods:
a)
Sending written request for opinions, questionnaires or feedback forms;
b)
Organizing conferences and seminars;
c)
Seeking opinions via websites of relevant agencies;
d) Public
display or introduction on the mass media.
2.
Opinions must be consolidated in a sufficient manner, responded to and reported
to a competent authority for consideration and decision.
Article 11. Announcing regulations on management of
architecture.
1. The
agency making regulations on management of architecture shall announce such
regulations
2. Within
15 days from the date on which the regulations on management of architecture
are promulgated, all contents of the regulations must be made publicly
available, except for the contents related to the state secrets in accordance
with regulations of the law on protection of state secrets.
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a) Via
the website of the provincial People’s Committee and the agency making the
regulations;
b) Via
mass media;
c)
Through conferences or seminars on announcement and dissemination of contents
of the regulations;
d)
Releasing a publication on the regulations.
Article 12. Contents of regulations on management of
architecture
Regulations
on management of architecture shall contain at least:
1.
General provisions:
a)
Provisions on management of architecture applicable to all areas covered by the
regulations: overall scope and boundary covered by the regulations;
b)
Criteria concerning the general urban planning and subdivision planning (if
any) approved by the competent authority, national or local technical
regulations and standards applied;
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d) Areas
that require separate urban design; location and scale of works for which a
design plan contest needs to be held;
dd)
Provisions on architecture of works with a view to satisfaction of requirements
for natural disaster management and climate change resilience.
2.
Specific provisions:
a)
Provisions on architecture applicable each area within an urban area by
administrative divisions, functions or nature; applicable to protected areas;
b)
Provisions on architecture of specific routes, squares, centers and gateways to
the urban area; arrangement of signboards, advertisements and urban utilities;
areas where architectural renovation priority is given, and implementation
plan; areas subject to special management requirements; rural areas within the
urban area;
c)
Provisions on color and building materials; requirements on elevation, roof and
1st storey of the structure;
d)
Provisions on management of architecture of residential houses, public works
and urban public utility facilities, industrial works and technical
infrastructure premises;
dd)
Provisions on management and protection of architectural structures of value;
3.
Determining requirements concerning national cultural identity in architecture:
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b)
Typical architectural forms; construction techniques and use of local
traditional building materials;
c)
Selection of an architectural plan or orientation that maintains the national
cultural identity during construction and renovation of architectural
structures.
4. The
contents specified in Points e, g and h Clause 3 Article 14 of the Law on
Architecture.
5.
Guidelines for the regulations on management of urban architecture are provided
in Section 1 Appendix II hereof.
Article 13. Contents of regulations on management of
architecture of rural settlements
1.
Regulations on management of architecture of a rural settlement shall contain
at least:
a)
Provisions on overall scope and boundaries covered by the regulations;
b)
General orientation for architecture and landscape of the entire rural
settlement;
c)
Determining the national cultural identity in architecture of the rural
settlement as prescribed in Clause 3 Article 12 of this Decree;
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dd)
Provisions applicable to public works: architecture of offices, health
facilities, educational institutions, culture and sports facilities;
e)
Provisions applicable to residential houses: constructed according to the norms
set out in the approved planning for rural area development;
g) The
provisions set out in Points dd, e, g and h Clause 3 Article 14 of the Law on
Architecture and Point d Clause 1 Article 12 of this Decree.
2.
Regulations on management of architecture of a rural settlement shall be
separately made as prescribed in Clause 1 of this Article or incorporated into
the general planning for commune development.
2.
Guidelines for the regulations on management of the rural settlement are
provided in Section 2 Appendix II hereof.
Article 14. Reviewing and assessing implementation of
regulations on management of architecture
1. The
agency making regulations on management of architecture shall review the
regulations and assess implementation thereof every 05 years or on an
unscheduled basis. The review and assessment results shall be reported in writing
to the agency approving the regulations and the Ministry of Construction with
respect to the urban area of Class I or higher.
2. The
report on review of regulations on management of architecture serves as one of the
bases for deciding to adjust the regulations.
3.
Contents of review and assessment of implementation of the regulations:
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b)
Assessment of the objectives achieved, and impacts and effectiveness of
implementation of the approved regulations.
c) Review
and analysis of new factors during management of architecture, conformity and consistency
of the regulations with relevant planning and plan for socio – economic
development in the area covered by the regulations.
d)
Suggestions and proposals.
4.
Documents concerning the reporting of review of the regulations include a
written report, colored drawings on an appropriate scale and relevant legal
documents.
Article 15. Measures to organize implementation of
regulations on management of architecture
1.
Measures to organize implementation of regulations on management of
architecture include:
a)
Promulgating documents and plans for implementation of the regulations;
b)
Disseminating the regulations;
c)
Supervising the implementation, carrying out inspections and taking actions
against violations of the regulations;
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dd)
Providing human resources, infrastructure facilities and funding for making and
implementing the regulations.
2.
People's Committees at all levels shall organize implementation of the measures
mentioned in Clause 1 of this Article in a timely and effective manner.
3. The
funding for making and organizing implementation of the regulations on
management of architecture is as follows:
a) The
funding for making and organizing implementation of the regulations shall be
covered by the state budget in accordance with the Law on State Budget and its
applicable guiding documents.
b) The
Ministry of Construction shall promulgate a method of determining costs of
making and organizing implementation of the regulations.
c)
People’s Committees at all levels shall balance the sources of funding covered
by the local government budget in order to make and implement the regulations
within their areas.
d) The
head of an agency shall manage the state funding for making and organizing
implementation of the regulations; control the advancing, payment and
preparation of final accounts in accordance with applicable regulations.
Relevant agencies shall cooperate in inspection and supervision.
dd) If a
consultancy is hired to make regulations on management of architecture,
regulations of the law on bidding and relevant laws shall be complied with.
Section 3. ARCHITECTURAL PLAN CONTESTS
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1. An
open contest, which is held without any limitation on the number of domestic
and foreign (where necessary) organizations and individuals participating in
the contest.
2. A
restricted contest, which is held if there are several participants (but not
less than 3) that are able to satisfy the technical requirements or typical
characteristics of the structure for which the architectural plan is in the
contest.
Article 17. Requirements for holding a contest
1. There
is a design task in conformity with the construction planning, urban planning,
urban design and regulations on management of architecture approved and
promulgated by the competent authority.
2. A
contest council is established.
3. The
investment decision maker, investor, agency or organization assigned to hold a
contest (hereinafter referred to as "the organizer") establishes a
technical team to assist the contest council.
4. Within
30 days, information about the contest and contest council and contest results shall
be published on one or more mass media or web portals or websites of the
central or local architecture agency in the area where the contest is held.
Article 18. Holding a contest
1.
Preparatory actions taken before holding a contest:
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b)
Prepare and approve the plan and funding for holding the contest, contest rules
and design tasks.
c) Establish
a contest council and a technical team.
2. Upon
performing design tasks, it is required to provide sufficient legal information
about the building site, drawing of the current status, planning criteria,
information about the land, purposes, nature and scale of the works; expected
total investment; requirements on architecture, functions, technical
requirements, connection with the general landscape and other relevant
requirements.
3.
Contest rules shall contain at least:
a) Form,
scale, nature, purposes and requirement of the contest;
b)
Regulations on conditions for competing in the contest; criteria, contents and
sequence of holding the contest; time and place of the contest; application for
the contest and validity of such application;
c)
Composition of the contest council and basic information about expertise and
experience of the council's members;
d) Costs
of holding the contest and bases for calculating costs of design of works;
dd)
Structure and value of prize (if any);
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g)
Contest entry forms;
h) Other
issues required by each contest: type of the contest (contest for architectural
ideas or for an architectural plan); regulations on contest rounds; actions
taken if no optimal plan is found at the end of a contest round; rules for
calculating the design costs of the project.
4. An
application for the contest is composed of a description, architectural
drawings, technical solutions, films, photos and models (if any) and financial
proposals. There must be regulations on uniform language for the application
(Vietnamese or bilingual), regulations on units of measurement and monetary
units, and principles of anonymity which do not allow names and logos of
consultancy units or authors to be shown on drawings or descriptions.
Article 19. Architectural plan contest council
1. The
contest council shall assess and rank the submitted plans and assist the
investor in selecting the optimal architectural plan that satisfies
requirements on planning, architecture, culture, socio – economic efficiency,
national defense, security and environmental protection for the purpose of
producing designs of works.
2.
Composition of the contest council:
a) The
council must have an odd number of members and there must be at least 09
members.
b) The
council must have 01 Chair and other members.
c) At
least two-thirds of the council's members must be architects who have knowledge
and experience regarding the type of works in the contest. There must be 01 representative
from the regulatory agency for planning and architecture and 01 representative
from the social or professional organization in practice of architecture.
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dd)
Members of the council must be persons who have expertise and experience in the
fields of planning, architecture, construction and other relevant fields and
work in an objective and upright manner. The organizer may invite foreign
experts to join the council (if necessary).
3.
Working rules of the council:
a) The
council shall work in accordance with the regulations issued by the council
(hereinafter referred to as "council regulations"). The council
regulations shall specify rules and methods for assessing and ranking the
submitted plans; working regime, tasks, rights and responsibilities of the
council. The council regulations must be agreed upon by members. The Chair
shall approve the council regulations on behalf of the council.
b) The
council shall only assess and ranks the submitted plans if at least three
quarters of the members are present.
c) The
Chair, members and secretaries shall not publish and provide to organizations
and individuals not joining the council the information about the issues
discussed and conclusions given by the contest council during the assessment
and ranking of the submitted plans.
d) Within
03 days after the point awarding is done, the contest council must send the
contest results to the investor so that the investor considers recognizing the
results.
4.
Responsibilities of the council:
a) The Chair
shall provide instructions on making of the council regulations; and preside
over the council during the working time of the council.
b)
Members of the council shall adhere to the working regulations of the council
and take legal responsibility for ensuring confidentiality, objectivity and
truthfulness, and shall not take any action that produces negative effects on
the assessment and ranking results.
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1.
Submitted designs shall be assessed and ranked in accordance with the methods
and criteria set out in the council regulations and the principle of a secret
ballot to select a plan in a priority order of 1 - 3. The first-ranked plan is
the architectural plan which wins the contest.
2. The
assessment and ranking report must be signed by all participating members of
the council and sent to the contest organizer, which will submit a consolidated
report to the investment decision maker for approval.
3. If no
plan satisfies the objectives and requirements set out in the contest rules,
the contest shall be re-held.
4. The
organizer shall make the results publicly available, award prizes after the
contest and send the results to the specialized architecture agency affiliated
to the provincial People’s Committee.
Article 21. Costs of holding a contest
1. The
costs of holding a contest include funding for the council and technical team;
amounts of prizes and assistance for contestants and other costs.
2. The
contest organizer shall take responsibility for the costs of holding the
contest.
Article 22. Rights and responsibilities of organizations
and individuals participating in the architectural plan contest
1. The
architectural plans in a contest must have their copyright ensured in
accordance with the law on intellectual property.
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3. If an
organization or individual that has an architectural plan winning the contest
fails or refuses to take the next steps, the investor shall negotiate to use
the architectural plan in accordance with regulations of the law on
intellectual property and relevant laws; in case of failure to conduct a
negotiation, the next ranked plan shall be selected to conduct a negotiation or
sign a contract.
4.
Responsibilities of the organizer:
a) Hold
contests according to the approved contest rules;
b) Enable
the council to perform its tasks. The organizer must not abuse its power to
influence contest results.
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.
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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.
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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.
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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.
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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;
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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;
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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;
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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.
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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.
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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.
Chapter IV
IMPLEMENTATION
CLAUSE
Article 32. Effect
This
Decree comes into force from September 07, 2020. The Government's Decree No.
38/2010/ND-CP dated April 07, 2010 shall cease to have effect from the
effective date of this Decree.
Article 33. Grandfather clauses
If
construction practicing certificates issued to individuals responsible for
designing architecture of works and validating architectural designs for works
in accordance with regulations of law on construction are expired, they shall
be renewed in accordance with regulations of law on architecture if the ongoing
career development requirements and code of processional conduct set out in
this Decree are satisfied.
Article
34. Responsibility for implementation
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2. The
Ministry of Construction shall, within its jurisdiction, organize and provide
guidelines for implementation of this Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc
