Decree No. 85/2020/ND-CP detailing the Law on Architecture

decree

Detailing a number of articles of the Law on Architecture^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 13, 2019 Law on Architecture;

At the proposal of the Minister of Construction;

The Government promulgates the Decree detailing a number of articles of the Law on Architecture.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details the provisions of the Law on Architecture in Clause 5, Article 13; Clause 5, Article 14; 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 regarding valuable architectural works; architectural management regulations; architectural plan contests; code of professional conduct for practicing architects; continuing career development; tests for grant of architecture practice certificates; grant, extension, revocation and re-grant of architecture practice certificates; and foreigners’ practice of architecture in Vietnam.

Article 2.Subjects of application

This Decree applies to agencies, organizations and individuals engaged in architectural activities and other agencies, organizations and individuals involved in architectural activities in the territory of the Socialist Republic of Vietnam.

Chapter II

MANAGEMENT OF ARCHITECTURE

Section 1

VALUABLE ARCHITECTURAL WORKS

Article 3.Criteria for evaluation of valuable architectural works

1. Criteria on architectural artistic value and landscape, specifically as follows:

a/ Typicality for a type of architecture or a style of architecture;

b/ Architectural artistic value of the work itself and of the overall space within the premises of the work;

c/ Value associated with and contributing to the general landscape of an urban center, a scenic place or a natural landscape;

d/ Value of construction technique and technology, and use of construction materials.

2. Criteria on historical and cultural values, specifically as follows:

a/ Typicality for a certain period of history;

b/ Association with typical characteristics and nature of local culture;

c/ Year of construction and age of the work.

3. The score sheet for evaluation of valuable architectural works is provided in Appendix I to this Decree.

Article 4.Classification of valuable architectural works

1. Valuable architectural works shall be classified into 3 classes below:

Class-1 valuable architectural works are architectural works that satisfy both the criterion on architectural artistic value and landscape and the criterion on historical and cultural values, with the former attaining at least 80 points. Class-II valuable architectural works are architectural works that satisfy both criteria mentioned above and class-III valuable architectural works are architectural works that satisfy either of the criteria mentioned above.

2. Provincial-level People’s Committees shall, in pursuance to Clause 1 of this Article, classify architectural works and decide on measures and funds for their management, protection and promotion.

Article 5.Order of making, appraising, approving and adjusting lists of valuable architectural works

1. Provincial-level People’s Committees shall delegate powers to or authorize their specialized architecture agencies or district-level People’s Committees to make and adjust lists of valuable architectural works.

2. Making of lists of valuable architectural works:

a/ Agencies making lists of valuable architectural works shall assume the prime responsibility for, and coordinate with specialized culture agencies of provincial-level People’s Committees or with district-level People’s Committees in, reviewing and evaluating dossiers of architectural works in order to make lists of valuable architectural works in localities and submit them to provincial-level People’s Committees
for approval.

b/ Organizations and individuals that propose an architectural work to a list of valuable architectural works shall send a written request together with a dossier of such architectural work to the specialized architecture agency of the provincial-level People’s Committee for review and evaluation.

c/ A dossier of an architectural work must have contents on the history and valuation of the work; images showing the architectural status and images showing the history of the work (if any); drawings of the general plan, plan of each story, vertical cross-sections and horizontal cross-sections; and images and drawings showing decorative details (if any) and clarifying the values of the work.

d/ A dossier of a list of valuable architectural works must comprise  a draft request; the list of valuable architectural works and annexes thereto; written explanations about contents proposed in the list; dossier of each architectural work and attached relevant documents; proposed measures to manage, protect, and promote the architectural values of, the works, and funds for implementation.

dd/ Agencies making lists of valuable architectural works shall solicit written opinions from provincial-level architectural advisory councils and related agencies, organizations and individuals on dossiers of valuable architectural works and lists of valuable architectural works specified in Clause 3, Article 13 of the Law on Architecture, for at least 15 days for agencies and at least 30 days for organizations and individuals.

3. Appraisal of lists of valuable architectural works:

a/ Provincial-level People’s Committees shall decide to form appraisal councils for lists of valuable architectural works. Such a council shall be composed of representatives from related state management agencies, professional associations, architectural and cultural experts, and related organizations and individuals.

b/ Appraisal councils shall appraise lists of valuable architectural works according to the evaluation and classification criteria specified in Articles 3 and 4 of this Decree.

4. Agencies making lists of valuable architectural works shall accept and respond to appraisal results and complete dossiers and submit lists of valuable architectural works to provincial-level People’s Committees for approval.

5. The time limit for appraisal of a list of valuable architectural works is 20 days, counting from the date of receipt of a complete and valid dossier; the time limit for approval of a list of valuable architectural works is 15 days, counting from the date of receipt of the dossier which has been finalized based on appraisal opinions.

6. Adjustment of lists of valuable architectural works:

a/ Agencies making lists of valuable architectural works shall annually review and evaluate valuable architectural works in localities and report adjustments to the lists to provincial-level People’s Committees for decision as suitable to practical conditions.

b/ Proposed adjustments to a list of valuable architectural works shall be put up for opinion, appraised and approved in accordance with Point dd, Clause 1, and Clauses 2 thru 5, of this Article; non-adjusted contents of approved lists remain legally valid.

Section 2

ARCHITECTURAL MANAGEMENT REGULATIONS

Article 6.Order of formulating, appraising and issuing architectural management regulations

1. Formulating architectural management regulations.

2. Appraising architectural management regulations.

3. Approving and issuing architectural management regulations.

4. Announcing architectural management regulations.

Article 7.Time limits for formulating, appraising, approving and issuing architectural management regulations

1. The time limit for formulating architectural management regulations is 15 months, for centrally run cities; or 12 months, for other cases, from the date related agencies are assigned to formulate such regulations.

2. The time limit for appraising architectural management regulations is 30 days, for centrally run cities; or 20 days, for other cases, from the date of receipt of a complete and valid dossier of request for appraisal.

3. The time limit for approving and issuing architectural management regulations is 10 days from the date such regulations are approved by People’s Councils of the same level.

Article 8.Formulation of architectural management regulations

1. Provincial-level People’s Committees shall delegate powers to or authorize their specialized architecture agencies or district-level People’s Committees to formulate architectural management regulations.

2. Steps of formulating architectural management regulations:

a/ Conducting field surveys; collecting maps, documents and data on natural conditions, types of natural disasters frequently occurring in relevant areas, urban master plans and designs (if any), and relevant documents and legal grounds for the formulation of architectural management regulations;

b/ Drafting architectural management regulations;

c/ Soliciting opinions of related agencies, organizations and individuals on draft architectural management regulations. The duration for consultation must be at least 15 days for agencies, or at least 30 days for organizations, individuals and population communities.

3. A dossier submitted for appraisal of architectural management regulations must comprise:

a/ A request for appraisal;

b/ Draft architectural management regulations and annexes (if any);

c/ Written explanations about proposed contents in the regulations;

d/ A report summarizing responses and accepted opinions, and written copies of contributed opinions;

dd/ Relevant legal papers and documents;

e/ A draft decision approving architectural management regulations.

Article 9.Appraisal, approval and issuance of architectural management regulations

1. Contents to be appraised:

a/ Conformity with the principles of architectural activities specified in Article 4 of the Law on Architecture;

b/ Compliance with Clause 2, Article 14 of the Law on Architecture;

c/ Adherence to the contents specified in Articles 12 and 13 of this Decree.

2. Specialized architecture agencies of provincial-level People’s Committees shall organize the appraisal of architectural management regulations. During the appraisal, appraisal-organizing agencies shall solicit written opinions from related agencies and organizations; form appraisal councils and make appraisal reports. The consulted agencies shall give written opinions within 15 days after receiving a request for opinion.

3. An appraisal report must clearly state the appraisal council’s opinions on the contents specified in Clause 1 of this Article and conclusion whether the architectural management regulations are qualified to be submitted for approval.

4. Documents submitted for approval and issuance of architectural management regulations include the dossier submitted for appraisal of architectural management regulations which have been revised based on appraisal opinions; and a report on response to and acceptance of appraisal opinions attached with the appraisal report.

5. For architectural management regulations for rural residential quarters, provincial-level People’s Committees may delegate powers to or authorize district-level People’s Committees to approve and issue them.

Article 10.Collection of opinions on architectural management regulations

1. Opinions on architectural management regulations may be solicited in one or more than one of the following forms:

a/ Directly by sending written requests for opinion, questionnaires, or opinion sheets;

b/ Via conferences or seminars;

c/ Via portals of related agencies;

d/ Display at public places or dissemination in the mass media.

2. Opinions shall be fully summarized, responded, accepted and reported to competent authorities for consideration and decision.

Article 11.Announcement of architectural management regulations

1. Agencies formulating architectural management regulations shall organize the announcement of architectural management regulations.

2. Within 15 days after being issued, architectural management regulations shall be publicized, excluding contents pertaining to state secrets as prescribed by the law on protection of state secrets.

3. Architectural management regulations may be announced in one or more than one of the following forms:

a/ Being posted on websites of provincial-level People’s Committees and agencies organizing the formulation of architectural management regulations;

b/ In the mass media;

c/ At conferences or seminars;

d/ Printed publications.

Article 12.Contents of architecture management regulations for urban areas

Architecture management regulations for urban areas must have the following principal contents:

1. General provisions:

a/ Provisions on architectural management for the entire area for which the regulations are formulated: general scope, and boundary of the area for formulation of the regulations;

b/ Norms set out by approved general master plans on urban areas and zoning master plans (if any), applicable national or local standards and technical regulations;

c/ Orientations for control of space, architecture and landscape of the entire urban area;

d/ Identification of areas for which separate urban designs are needed; locations and sizes of works requiring architectural plan contests;

dd/ Provisions on architecture of works, ensuring satisfaction of requirements on natural disaster prevention and control and climate change adaptation.

2. Specific provisions:

a/ Provisions on architecture for each urban area by administrative boundary or by function and characteristics; for conservation zones;

b/ Provisions on architecture for specific roads, public squares, central areas, and gateways to urban centers; placement of signboards, advertisements, and urban service facilities; areas prioritized to be embellished and embellishment plans; areas subject to special management requirements; and rural sub-areas in urban areas;

c/ Provisions on color and construction materials; requirements on vertical cross-sections, roof, and ground floor of works;

d/ Provisions on architecture management for houses, public works, urban service facilities, industrial works, and technical infrastructure facilities;

dd/ Provisions on management and protection of valuable architectural works.

3. Identification of requirements on national cultural identities in architecture:

a/ Particularities regarding natural, economic and cultural conditions and local customs and habits related to national cultural identities in architecture;

b/ Typical architectural patterns; construction techniques and use of local traditional materials;

c/ Selection of architectural options and orientations to ensure national cultural identities in construction of new architectural works or renovation of existing ones.

4. The contents specified at Points e, g and h, Clause 3, Article 14 of the Law on Architecture.

5. The model architecture management regulations for urban areas are provided in Section I, Appendix II to this Decree.

Article 13.Contents of architecture management regulations for rural residential spots

1. Architecture management regulations for rural residential quarters must have the following principal contents:

a/ Provisions on overall scope and boundary for formulation of the regulations;

b/ General orientations on architecture and landscape of the entire rural residential quarter;

c/ Identification of requirements on national cultural identities in architecture in the rural residential quarter as specified in Clause 3, Article 12 of this Decree;

d/ Specific provisions for central areas and areas along inter-commune routes, main roads and inter-village roads, landscape of conservation areas; areas concentrated with many villages, and to-be-developed areas along roads and river ways and at water surface areas;

dd/ Provisions for public works: architecture for working offices, health establishments, educational institutions, and cultural and sports facilities;

e/ Provisions for houses, which shall be formulated according to the criteria specified in approved master plans on rural construction;

g/ The contents specified at 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. Architecture management regulations for rural residential quarters may be formulated separately under Clause 1 of this Article or incorporated in general plans on construction of communes.

3. The model architecture management regulations for rural residential spots are provided in Section II, Appendix II to this Decree.

Article 14.Review and evaluation of the implementation of architecture management regulations

1. Agencies formulating architecture management regulations shall review and evaluate the implementation of such regulations once every 5 years or extraordinarily. For urban centers of grade I or higher grade, review and evaluation results shall be reported in writing to agencies having approved architecture management regulations and the Ministry of Construction.

2. A report on review of architecture management regulations serves as one of the grounds for decision on adjustment of such regulations.

3. Contents of review and evaluation of the process of implementation of architecture management regulations:

a/ Reviewing the situation and organization of implementation of architecture management regulations and construction investment projects within the scope of application of the regulations;

b/ Evaluating the achieved objectives and impacts and benefits of the implementation of approved and issued architecture management regulations;

c/ Reviewing and analyzing new factors in the process of architecture management, conformity, consistency and synchrony with relevant master plans and socio-economic development plans in areas for which the regulations are applied;

d/ Recommendations and proposals.

4. A dossier of report on review of architecture management regulations must comprise the review report, color drawings of appropriate scales, and relevant legal documents.

Article 15.Measures to organize the implementation of architecture management regulations

1. Measures to organize the implementation of architecture management regulations include:

a/ Issuing documents and plans on implementation of the regulations;

b/ Publicly disseminating the regulations;

c/ Promoting and monitoring the implementation of the regulations, carrying out examination and inspection, and handling violations of the regulations;

d/ Encouraging organizations and individuals to supervise the implementation of the regulations;

dd/ Ensuring human resources, physical foundations, and funds for formulation and implementation of the regulations.

2. People’s Committees at all levels shall organize the implementation of the measures specified in Clause 1 of this Article, ensuring promptness and efficiency.

3. Funds for formulation and implementation of architecture management regulations:

a/ State budget funds for the formulation and implementation of architecture management regulations must comply with the Law on the State Budget and current guiding documents.

b/ The Ministry of Construction shall announce methods to calculate expenses for the formulation and implementation of architecture management regulations.

c/ People’s Committees at all levels shall allocate annual local budget funds for the formulation and implementation of architecture management regulations in localities.

d/ Heads of agencies shall manage state budget funds allocated for the formulation and implementation of architecture management regulations; and control advance payment, payment and account finalization under current regulations. Related agencies shall coordinate with one another in carrying out examination and supervision activities.

dd/ In case of hiring consultancy units to formulate architecture management regulations, the hiring must comply with the bidding law and other relevant laws.

Section 3

ARCHITECTURAL PLAN CONTEST

Article 16.Forms of contest

1. Open contest, which is a contest held without restrictions on the number of domestic and foreign (if necessary) contestants.

2. Restricted contest, which is a contest participated by only several organizations and individuals (which, however, must be at least 3) that satisfy technical requirements or particularities of the work put up for architectural plan contest.

Article 17.Requirements on organization of contests

1. Designing tasks are conformable with construction master plans, master plans on urban areas, urban designs and architecture management regulations approved or issued by competent authorities.

2. An architectural plan contest council is formed.

3. Investment deciders, project owners or agencies or organizations assigned to hold contests (below referred to as contest organizers) form a technical group to assist the architectural plan contest council.

4. Contest organizers shall publicize information about the contest, architectural plan contest council, and contest results for at least 30 days in at least one mass medium or on portals or websites of state agencies in charge of architecture at the central level and in the locality where the contest is organized.

Article 18.Organization of contests

1. Preparations before holding a contest:

a/ Completing procedures and collecting data, legal documents, and information about architecture and master plans related to the land area where the work will be constructed.

b/ Formulating and approving a plan and cost estimate for holding the contest, contest rules, and the designing task.

c/ Forming an architectural plan contest council and a technical group.

2. The designing task must include legal information about the place of construction, drawings of its current conditions, planning norms, information about conditions of the land area, purpose, characteristics and size of the work to be built; estimated total investment amount; requirements on architecture and use functions and technical requirements of the work, general landscape in the area of construction, and other relevant requirements.

3. Contest rules must have the following principal contents:

a/ Form, scale, nature, purpose and requirements of the contest;

b/ Conditions for participation in the contest; criteria, contents and order for holding the contest; time and place of holding the contest; dossiers for participation in the contest, and validity of such dossiers;

c/ Composition of the architectural plan contest council and basic information about professional qualifications and experience of the council’s members;

d/ Expenses for holding the contest, and bases for calculating charges for designing the work;

dd/ Structure and value of prizes (if any);

e/ Rights and responsibilities of related parties, author’s rights;

g/ Contest registration form;

h/ Other contents as required by each particular contest, such as type of contest (architectural idea contest or architectural plan contest); provisions on contest rounds; case in which no plan is selected after a round of contest; and principles of calculating charges for designing the project.

4. A dossier for participation in an architectural plan contest must comprise written explanations, architectural drawings, technical solutions, videos, images and mock-ups (if any), and financial proposals. Requirements on making dossiers must specify the language(s) (Vietnamese or Vietnamese and another language), units of measurement and currency to be used uniformly, and rules on non-inclusion of names or symbols of consultancy units or authors in drawings or explanations.

Article 19.Architectural plan contest councils

1. An architectural plan contest council shall evaluate and rank architectural plans brought to the contest and help the project owner select the best architectural plan that satisfies the requirements on planning, architecture, culture, socio-economic benefits, national defense, security, and environmental protection to serve the construction of a work.

2. Composition of an architectural plan contest council:

a/ An architectural plan contest council must have an odd number of members, at least 9.

b/ The council shall be composed of a chairperson and members.

c/ The council must have at least two-thirds of its members being architects and having knowledge about and experience in the type of the work put for the contest; and have 1 representative from the state management agency in charge of planning or architecture and 1 representative from an architecture practicing social organization or socio-professional organization.

d/ The council’s chairperson must be an experienced expert who has made architectural designs for many works already built and has prestige in architecture. He/she may be elected by the council or invited by the project owner.

dd/ The council’s members must be persons possessing qualifications and experiences in planning, architecture, construction and relevant fields, and must be unbiased and impartial. The contest organizer may invite foreign experts to join the council (if necessary).

3. Working principles of an architectural plan contest council:

a/ An architectural plan contest council shall work according to a regulation issued by the council itself (below referred to as the council’s regulation). The council’s regulation must state the principles and methods of evaluating and criteria for ranking architectural plans brought to the contest; working regime and tasks, powers and responsibilities of the council. The council’s regulation shall be agreed upon by its members. The council’s chairperson shall, on behalf of the council, approve the council’s regulation.

b/ The council shall evaluate and rank architectural plans brought to the contest only when at least three-quarters of its members are present.

c/ The council’s chairperson, members and secretary may not disclose or provide information about discussions and conclusions of the council during the evaluation and ranking of architectural plans brought to the contest to other organizations and individuals outside the council.

d/ Within 3 days after completing the scoring of architectural plans brought to the contest, the contest council shall send the scoring results to the project owner for consideration and recognition of contest results.

4. Responsibilities of an architectural plan contest council:

a/ The council’s chairperson shall direct the formulation of the council’s regulation; and take charge of its operation.

b/ The council’s members shall strictly abide by working principles of the council, take responsibility before law for assurance of confidentiality, objectivity and truthfulness, and refrain from taking negative acts that may influence the results of evaluation and ranking of architectural plans brought to the contest.

Article 20.Evaluation and ranking of architectural plans brought to contests and announcement of evaluation and ranking results

1. The evaluation and ranking of architectural plans brought to a contest must comply with the methods and criteria specified in the council’s regulation and the principle of casting secret ballots in order to select architectural plans ranked first, second and third. The first-ranked architectural plan shall be the winning one.

2. A report on evaluation and ranking results shall be signed by all members of the council and sent to the contest organizer for summarization and reporting to the investment decider for consideration and approval.

3. In case no architectural plan satisfies the criteria and requirements specified in the contest rules, another contest shall be organized.

4. The contest organizer shall announce and publicize results of evaluation and ranking of architectural plans and hold a prize-awarding ceremony after the contest finishes and send the contest results to the specialized architecture agency of the provincial-level People’s Committee.

Article 21.Expenses for contests

1. Expenses for holding a contest include expenses for the council and technical group; expenses for prizes and support for architectural plans brought to the contest, and other expenses.

2. The contest organizer shall be responsible for expenses for the selection of architectural plans.

Article 22.Rights and responsibilities of organizations and individuals having their architectural plans brought to contests

1. Architectural plans brought to a contest will have their copyright guaranteed in accordance with the law on intellectual property.

2. Organizations and individuals that have their architectural plans selected but are incapable of carrying out subsequent steps (providing consultancy for making feasibility study reports, making construction designs) may enter into partnership with capable consultancy organizations to carry out such steps.

3. In case an organization or individual that has its/his/her architectural plan selected fails or refuses to carry out subsequent steps, the project owner shall negotiate with it/him/her in order to use such architectural plan in accordance with the law on intellectual property and other relevant laws; if no agreement can be reached, the next-ranked architectural plan shall be selected for negotiation and signing of a contract.

4. Responsibilities of contest organizers:

a/ To comply with the approved contest rules;

b/ To create favorable conditions for the contest council to perform and accomplish its tasks. Not to use their influence to falsify contest results.

Chapter III

PRACTICE OF ARCHITECTURE

Section 1

CODE OF PROFESSIONAL CONDUCT AND CONTINUING CAREER DEVELOPMENT

Article 23.Competence, order and procedures for issuing the Code of professional conduct for practicing architects

1. The Vietnam Association of Architects shall formulate and issue the Code of professional conduct for practicing architects according to the order and procedures specified in Clause 2 of this Article.

2. Order and procedures for issuing the Code of professional conduct for practicing architects:

a/ Forming a compilation committee and an editorial group for compiling the Code of professional conduct for practicing architects;

b/ Formulating the Code;

c/ Soliciting opinions of related agencies, socio-professional organizations and individuals on the draft Code;

d/ Explaining and accepting opinions and finalizing the draft Code, and posting it on the portal of the Vietnam Association of Architects;

dd/ Issuing the Code.

3. Within 15 days after being issued, the Code of professional conduct for practicing architects shall be posted on the portal of the issuing organization, and sent to the Ministry of Construction for being posted on its website and published in other forms in accordance with the law on access to information.

4. The Code of professional conduct for practicing architects shall be reviewed and evaluated once every 5 years for timely adjustment to suit socio-economic development conditions in each period.

Article 24.Continuing career developmentfor practicing architects

1. Continuing career development for practicing architects includes architects’ participation in training courses on professional and legal knowledge; conferences, seminars, talks and forums; and survey and study tour programs on architecture and related fields; architects’ writing of books or articles on specialized architecture newspapers or journals or writing of special articles for presentation at conferences and seminars on architecture; architects’ participation in postgraduate and research courses on architecture;  architects’ teaching at higher education and postgraduate courses and professional training courses on architecture; architects’ recognized scientific researches and inventions in architecture; and architects’ national architectural awards.

2. Architecture-related socio-professional associations, research institutions and training institutions may carry out continuing career development activities, such as training courses on professional and legal knowledge; conferences, seminars, talks and forums; and survey and study tour programs on architecture and relevant activities.

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

a/ Notify and post information about programs, contents and time of organization of continuing career development activities in the mass media;

b/ Give certification of individuals’ participation in continuing career development activities, made according to the form provided in Appendix V to this Decree, as a basis for individuals to make dossiers of request for extension of architect practice certificates;

c/ If participating in continuing career development activities in foreign countries, participants must obtain certificates or documents proving their participation and have them translated into Vietnamese and notarized or certified in accordance with Vietnam’s law.

4. Practicing architects must satisfy the requirement on continuing career development every year through obtaining at least 4 points in continuing career development. Practicing architects aged over 60 years must obtain at least 2 points in continuing career development every year. Those who have surpassed the requirement may have their results of continuing career development carried forward to the subsequent year. Those who have not yet reached the requirement shall offset the deficit in the subsequent year.

5. The Vietnam Association of Architects shall, after reaching a written agreement with the Ministry of Construction, formulate and issue a table of detailed methods of calculating points in continuing career development for continuing career development activities of practicing architects as specified in Clause 1 of this Article.

Section 2

TESTS FOR GRANT OF ARCHITECTURE PRACTICE CERTIFICATES; DOSSIERS, ORDER AND PROCEDURES FOR GRANT, EXTENSION, REVOCATION AND RE-GRANT OF ARCHITECTURE PRACTICE CERTIFICATES

Article 25.Programs, contents and forms of tests for grant of architecture practice certificates

1. The Vietnam Association of Architects shall, after reaching a written agreement with the Ministry of Construction, develop and issue programs and documents serving tests and a set of test questions.

2. Contents of the set of test questions with the maximum score of 100 points must comply with Clause 2, Article 26 of the Law on Architecture, consisting of:

a/ Ten questions on professional experience, with the maximum score of 40 points;

b/ Five questions on legal knowledge, with the maximum score of 20 points;

c/ Five questions on professional knowledge, with the maximum score of 20 points;

d/ Five questions on the Code of professional conduct for practicing architects, with the maximum score of 20 points.

3. Forms of tests for grant of architecture practice certificates:

a/ Individuals who apply for an architecture practice certificate for the first time shall take a test in the forms of multiple-choice questions and interview. The interview shall be held immediately after the notification of results of the test in the form of multiple-choice questions. The person sitting for the interview shall pick up a question paper on a random basis and answer no more than 4 questions on knowledge applied in architecture practice activities in compliance with the set of test questions specified in Clause 2 of this Article;

b/ Individuals who request re-grant or extension of architecture practice certificates shall take a test in the form of multiple-choice questions.

4. Individuals shall be considered having passed a test if they are given a total score of at least 70 points, of which points in legal knowledge must be at least 16; and points in other contents of the test must account for at least 50% of the points specified in Clause 2 of this Article.

5. A test shall be held once every 6 months or upon request at testing venues fully satisfying law-prescribed conditions. In case a test cannot be held, a written notice thereof shall be sent once to the individual registering for the test within 15 days from the date of receipt of his/her test registration declaration.

6. An individual who wishes to register for taking a test shall send a test registration declaration, made according to the form provided in Appendix III to this Decree, together with copies of his/her qualifications, online, or by post or directly submit it to the agency holding the test for grant of an architecture practice certificate.

7. Organizations and agencies holding tests for grant of architecture practice certificates shall:

a/ Notify test results to individuals who took the tests after 15 days from the date of a test;

b/ Grant test result certificates to individuals who have passed the test.

8. The validity period of test results must not exceed 12 months from the date of grant of test result certificates. In case such a certificate is lost, its holder shall make a written request for re-grant of the certificate.

Article 26.Conditions for architecture practicing socio-professional organizations, architecture research institutions or architecture training institutions to hold tests

1. To be recognized as eligible to hold tests, architecture practicing socio-professional organizations, architecture research institutions or architecture training institutions must satisfy the following conditions:

a/ The requirements specified in Clause 3, Article 26 of the Law on Architecture;

b/ Possessing a decision on recognition of their eligibility to hold tests;

c/ Satisfying the condition on physical foundations serving tests for grant of architecture practice certificates as specified in Appendix IV to this Decree;

d/ Providing architecture training at university and higher levels, for architecture training institutions.

2. A dossier of request for recognition of an organization eligible to hold tests must comprise:

a/ A written request for recognition of an organization eligible to hold tests to be sent to the Ministry of Construction, made according to the form provided in Appendix III to this Decree;

b/ A written explanation about the organization’s satisfaction of the requirements specified in Clause 3, Article 26 of the Law on Architecture;

c/ A certified copy or a file containing a color photocopy of the original or a copy together with the original for checking, of the competent state management agency’s document permitting the operation and approving the charter of the organization.

3. Within 15 days after receiving a complete and valid dossier, the Ministry of Construction shall consider and issue a decision recognizing an organization eligible to grant architecture practice certificates. Within 5 days after being issued, the recognition decision shall be sent to the concerned architecture practicing socio-professional organization, architecture research institution or architecture training institution providing training at university and higher levels and posted on the website of the Ministry of Construction.

Article 27.Dossiers for grant, re-grant or extension of architecture practice certificates

1. A dossier of application for an architecture practice certificate must comprise:

a/ An application for an architecture practice certificate, made according to the form provided in Appendix III to this Decree, together with the applicant’s two 4cm x 6cm color portrait photos with white background, taken within 6 months by the date of application;

b/ A higher education diploma, granted by a lawful training institution as relevant to the certificate to be granted; diplomas granted by foreign training institutions shall be accompanied by their Vietnamese translations notarized or certified in accordance with Vietnam’s law;

c/ The employing organization’s decisions assigning tasks to the applicant or a written certification given by the project owner’s at-law  representative of typical tasks accomplished by the applicant as declared. The person signing the certification shall take responsibility for the truthfulness of his/her certification. For independent practicing individuals, a contract and a minutes of pre-acceptance test of the accomplished typical tasks already declared;

d/ A lawful paper on residence or work permit granted by a competent Vietnamese agency, for foreign applicants;

dd/ The valid certificate of test results proving that the applicant has passed the test;

e/ The documents specified at Points b, c, d and dd of this Clause must be certified copies or files containing color photocopies from the originals or copies together with the originals for checking.

2. A dossier of request for extension of an architecture practice certificate must comprise:

a/ A written request for extension of an architecture practice certificate, made according to the form provided in Appendix III to this Decree, together with the requester’s two 4cm x 6cm color portrait photos with white background, taken within 6 months by the date of request;

b/ A written certification given by the agency carrying out continuing career development activities as specified in Clause 4, Article 24 of this Decree;

c/ A certified copy or a file containing a color photocopy of the original or a copy together with the original for checking, of the old practice certificate.

3. A dossier of request for re-grant of an architecture practice certificate must comprise:

a/ An application for an architecture practice certificate, made according to the form provided in Appendix III to this Decree, together with the requester’s two 4cm x 6cm color portrait photos with white background, taken within 6 months by the date of request;

b/ A certified copy or a file containing a color photocopy of the original or a copy together with the original for checking, of the old practice certificate and papers proving information details to be changed.

Article 28.Order and procedures for grant, re-grant, extension and revocation of architecture practice certificates

1. In case of grant, re-grant or extension of an architecture practice certificate:

a/ The applicant/requester shall send 1 set of dossier of application for an architecture practice certificate as specified in Article 27 of this Decree online or by post to or submit it directly at an agency competent to grant architecture practice certificates;

b/ Within 15 days after receiving a complete and valid dossier, a competent agency shall grant an architecture practice certificate; this time limit is 5 days or 10 days in case of re-grant or extension of such a certificate. If a dossier is incomplete or invalid, the competent agency shall notify such in writing once to the applicant/requester within 5 days after receiving the dossier;

c/ The applicant/requester shall pay a fee upon submitting a dossier for grant, re-grant or extension of an architecture practice certificate. The collection, payment and use management of fees for grant of architecture practice certificates must comply with the Ministry of Finance’s regulations.

2. In case of revocation of an architecture practice certificate:

a/ Within 10 days after receiving inspection or examination conclusions, including the proposal for revocation of an architecture practice certificate, or when detecting or having grounds to identify one of the cases of revocation of architecture practice certificates specified in Clause 1, Article 30 of the Law on Architecture, an agency competent to revoke architecture practice certificates shall issue a decision on revocation of an architecture practice certificate and announce the cancellation of such certificate, and post such decision on its website and, at the same time, send information thereon for posting on the Ministry of Construction’s website;

b/ The agency competent to revoke architecture practice certificates shall, within 5 days after issuing a decision on revocation of an architecture practice certificate, send the decision to the person having such certificate revoked and post it on its website and, at the same time, send information thereon for posting on the Ministry of Construction’s website;

c/ In case of revocation of an architecture practice certificate containing errors made by the granting agency, the agency competent to revoke architecture practice certificates shall re-grant such a certificate within 10 days after receiving the revoked certificate.

Section 3

PRACTICE OF ARCHITECTURE BY FOREIGNERS IN VIETNAM

Article 29.Determination of the period of providing architectural services in Vietnam

The period of providing architectural services by a foreigner in Vietnam shall be counted based on his/her lawful paper on residence or work permit granted by a competent Vietnamese agency and his/her labor contract.

Article 30.Dossiers for recognition or conversion of architecture practice certificates of foreigners practicing architecture in Vietnam

A dossier of request for recognition or conversion of an architecture practice certificate of a foreigner practicing architecture in Vietnam must comprise:

1. A written request for recognition or conversion of an architecture practice certificate, made according to the form provided in Appendix III to this Decree, together with the requester’s two 4cm x 6cm color portrait photos with white background, taken within 6 months by the date of request.

2. Copies of the requester’s qualifications and practice certificate granted by foreign authorities, accompanied by their Vietnamese translations notarized or certified in accordance with Vietnam’s law.

3. A certified copy or a file containing a color photocopy of the original or a copy together with the original for checking, of the requester’s lawful paper on residence or work permit granted by a competent Vietnamese agency under regulations.

Article 31.Order and procedures for recognition or conversion of architecture practice certificates of foreigners practicing architecture in Vietnam

1. A foreigner shall send 1 set of dossier of request for recognition or conversion of an architecture practice certificate specified in Article 30 of this Decree online or by post to or submit it directly at an agency competent to grant architecture practice certificates.

2. Within 10 days after receiving a complete and valid dossier, the competent agency shall recognize or convert an architecture practice certificate. If the dossier is incomplete or invalid, the competent agency shall once notify such in writing to the requester within 5 days after receiving the dossier.

3. The period of architecture practice stated in the document on recognition or conversion of an architecture practice certificate of a foreigner practicing architecture in Vietnam shall be determined based on the validity period of his/her practice certificate granted overseas.

4. Foreigners shall pay a fee upon submitting dossiers of request for recognition or conversion of architecture practice certificates. The collection, payment and use management of fees for grant of architecture practice certificates must comply with the Ministry of Finance’s regulations.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 32.Effect

This Decree takes effect on September 7, 2020. The Government’s Decree No. 38/2010/ND-CP of April 7, 2010, on management of urban space, architecture and landscapes, ceases to be effective on the date this Decree takes effect.

Article 33.Transitional provisions

Construction practice certificates granted to individuals for making architectural designs of works or verifying architectural designs of works under the construction law that have expired may be extended in accordance with the law on architecture when their holders comply with this Decree’s provisions on continuing career development and the Code of professional conduct.

Article 34.Implementation responsibility

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.

2. The Ministry of Construction shall, within the ambit of its functions and tasks, organize and guide the implementation of this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The appendices to this Decree are not translated.