Architecture Law, Law No. 40/2019/QH14

LAW ON ARCHITECTURE^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Architecture.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes management of architecture and practice of architecture; and rights, obligations and responsibilities of organizations and individuals involved in architectural activities.

Article 2. Subjects of application

This Law applies to agencies, organizations and individuals involved in architectural activities and others related to architectural activities within the territory of the Socialist Republic of Vietnam.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Architecture means an art, science and technique in making spatial arrangement and creating a sustainable living environment to meet human and social demands.

2. Architectural activities include management and practice of architecture.

3. Architectural design means formulating architectural plans and expressing architectural concepts and architectural technical solutions in planning, construction, interior, exterior and landscaping design dossiers.

4. Architectural work means a single construction work or item or a combination of construction works or items developed according to an architectural concept or design.

5. Valuable architectural work means a typical architectural work of architectural, historic, cultural and/or artistic value which is approved by a competent authority.

6. Practice of architecture means professional activities of an architectural service provider.

Article 4. Principles of architectural activities

1. Complying with this Law and other relevant provisions of law.

2. Conforming with the orientation for development of Vietnamese architecture, urban planning and rural planning; meeting demands for sustainable socio-economic development, assurance of national defense, security, environmental protection and rational use of natural resources, adaptation to climate change, prevention and control of natural disasters.

3. Conserving, perpetuating and promoting traditional architectural values and selectively acquiring the world’s architectural quintessence; building the Vietnamese architecture into an advanced and modern one imbued with national cultural identities.

4. Applying scientific advances, high, advanced and new technologies that match practical conditions of Vietnam to ensure economic, technical and artistic efficiency and economical and efficient energy use.

5. Ensuring the involvement of agencies, organizations, communities and individuals; harmoniously combining national and community interests, and lawful rights and interests of organizations and individuals.

Article 5. National cultural identities in architectural activities

1. National cultural identities in architectural activities include typical characteristics and unique features of natural, socio-economic, cultural and artistic conditions; fine customs and practices of ethnic groups; construction techniques and materials which are shown in architectural works to help create the unique style of Vietnamese architecture.

2. Based on typical features and characteristics of traditional culture in their localities, provincial-level People’s Committees shall organize researches and surveys to assess and set requirements on national cultural identities in architectural management regulations as suitable to geographical areas under their management.

3. Agencies, organizations and individuals shall protect, conserve and promote national cultural identities in architecture.

Article 6. State policies on architectural activities

1. The State shall make investments in the following activities:

a/ Formulating orientations for Vietnamese architecture development;

b/ Collecting statistics, conducting surveys and building a database on architectural activities; formulating standards and technical regulations on architecture;

c/ Developing architectural design models meeting requirements on sustainability, eco-friendliness, adaptation to climate change and prevention and control of natural disasters; and economical and efficient energy use;

d/ Carrying out architecture law propaganda, dissemination and education.

2. In each period and based on capability of the state budget, the State shall support investment in the following activities:

a/ Building and upgrading physical foundations and equipment for science and technology organizations serving architectural policy researches and basic researches;

b/ Providing training and refresher courses for the architectural workforce; conducting scientific researches, applying and transferring high, advanced and new architectural technologies;

c/ Protecting, conserving and embellishing valuable architectural works not yet ranked as historical - cultural relics;

d/ Expanding and intensifying international cooperation in architecture;

dd/ Organizing architectural exhibition and promotion events.

3. The State shall encourage organizations and individuals 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 other activities in the architecture sector;

b/ Mobilizing all social resources for the provision of public services in the architecture sector;

c/ Giving free-of-charge architecture assistance and counseling in the interest of the society and communities.

Article 7. Vietnam’s Architecture Day

April 27 every year is 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 benefit, respect for national independence, sovereignty, territorial integrity and domestic law of each party and international law.

2. International cooperation in architecture covers:

a/ Scientific research, application and transfer of technologies and exchange of information about architecture;

b/ Architectural workforce training;

c/ Implementation of architectural activities;

d/ Mutual recognition in the practice of architecture.

Article 9. Prohibited acts

1. Obstructing the management and practice of architecture.

2. Abusing the practice of architecture to cause adverse impacts on national defense, security, state and national interests, social order, living environment, and lawful rights and interests of organizations and individuals.

3. Offering and taking bribes, making illegal 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 by law.

5. Building architectural works not according to their architectural designs approved by competent agencies or construction permits.

6. Infringing upon intellectual property rights in architectural activities.

7. Providing counterfeit or untruthful documents and data; preparing architectural design and construction dossiers not conformable with national technical regulations.

8. Cheating in taking examinations, granting and using architecture practice certificates.

9. Taking advantage of or abusing positions or powers or showing irresponsibility in the management of architecture.

Chapter II

MANAGEMENT OF ARCHITECTURE

Article 10. Requirements of architecture management

1. Adhering to the principles of architectural activities prescribed in Article 4 of this Law.

2. Ensuring consistency in the management of overall and specific spatial arrangements of architectural works.

3. Ensuring protection of humans, architectural works and residential areas against adverse impacts inflicted by nature or humans.

4. Avoiding negative impacts on natural landscapes, historical and cultural relics, valuable architectural works and eco-environment.

5. Ensuring economical and efficient use of energy.

Article 11. Requirements on urban and rural architecture

1. Urban architecture must meet the following requirements:

a/ Being in harmony with overall spaces, architecture and landscapes of the sites for construction of architectural works; connecting architecture of existing sites, newly developed ones, to-be-conserved areas and adjacent urban and rural areas, and natural scenery;

b/ Using colors, materials and decorating facades of architectural works in an aesthetic manner without causing any adverse impacts on human eyes, health, environment and traffic safety;

c/ Harmonizing the refurbishment of existing houses with the construction of new ones to ensure an architecture matching natural and climatic conditions, and ensuring that the architecture of detached houses is aligned with the general architectural layout in a specific area;

d/ Ensuring that public construction works and urban utility facilities built along streets are aesthetic, useful and safe to humans and vehicles;

dd/ Ensuring that signs, markers, advertisement billboards, lighting systems and decorative items in urban areas comply with regulations and planning requirements on outdoor advertising and the overall urban architecture;

e/ Ensuring that statues, sculptures, sculpted reliefs, fountains and other decorative construction works are designed to match the surrounding landscapes and meet requirements on public use and aesthetics;

g/ Designing traffic works in a consistent manner to meet requirements on public use, aesthetics and characteristics of urban areas.

2. Rural architecture must meet the requirements prescribed at Points a, b, c and e, Clause 1 of this Article and the following ones:

a/ Ensuring that traditional architectural and cultural values are inherited; prioritizing the use of local building materials and advanced engineering methods;

b/ Meeting standards on houses, living spaces and cultural spaces and matching natural conditions and fine customs and practices of ethnic groups;

c/ For areas prone to natural disasters, it is encouraged to use architectural designs for public works and houses in rural areas in order to meet requirements on adaptation to climate change and prevention and control of natural disasters.

Article 12. Architectural design

1. Owners of architectural works shall take charge of developing architectural design tasks and making architectural designs.

2. Architectural designs must be made by organizations and individuals satisfying the conditions prescribed in this Law and other relevant regulations.

3. An architectural design must integrate architectural solutions with architectural planning, take into account all requirements on socio-economic efficiency, practical utility, engineering, fire prevention and fighting, environmental protection, economical and efficient energy use, traditional cultural identities and other requirements on architectural works; ensure easy access for people with disabilities, the elderly and children; and ensure gender equality.

4. Architectural design dossiers may be used as a basis for making construction designs after they are assessed and accepted by owners of architectural work construction projects.

5. The Minister of Construction shall issue specific regulations on architectural design dossiers.

Article 13. Management of valuable architectural works

1. Valuable architectural works that have been ranked as historical and cultural relics shall be managed in accordance with the law on cultural heritages.

2. Valuable architectural works other than those specified in Clause 1 of this Article shall be reviewed and assessed on an annual basis and listed by provincial-level People’s Committees for management purposes.

3. Provincial-level People’s Committees shall consult provincial-level architectural advisory councils and other related organizations and individuals about the listing of valuable architectural works under Clause 2 of this Article before issuing approval decisions.

4. Owners and users of architectural works on the list of valuable architectural works have the following rights and obligations:

a/ To benefit from the protection, conservation, embellishment and operation of their architectural works;

b/ To receive the State’s subsidies for costs incurred from the protection, conservation and embellishment of their architectural works;

c/ To protect, conserve and embellish architectural values of these works; to ensure safety during the use and operation of these works;

d/ To refrain from changing exterior architecture, structures and premises of their architectural works without prior permission;

dd/ When detecting any sign of quality deterioration or unsafe structures, to promptly inform them to local administrations.

5. The Government shall issue specific regulations on criteria for assessment and classification of valuable architectural works; the order and procedures for compiling, appraising, approving and adjusting the list of valuable architectural works.

Article 14. Architecture management regulations

1. Architecture management regulations shall be issued for urban areas and rural residential spots in provinces and centrally run cities.

2. Architecture management regulations must meet the following requirements:

a/ Complying with Articles 10, 11 and 13 of this Law;

b/ Conforming with urban designs approved by competent authorities and national standards and technical regulations;

c/ Taking into account national cultural identities, practical characteristics and conditions of each locality.

3. Architecture management regulations must:

a/ Provide the management of architecture to the entire area covered by these regulations; and to architecture of specific areas and streets;

b/ Set requirements on national cultural identities in architecture of each locality under Clause 1, Article 5 of this Law;

c/ Identify areas for which particular urban designs are needed, streets and areas where architectural renovation is prioritized, and implementation plan; areas subject to special management requirements;

d/ Provide the management of architecture of houses, public works, urban public-utility facilities, industrial works, technical infrastructure works and construction works that require architectural plan contests;

dd/ Provide the management and protection of valuable architectural works;

e/ Define the responsibility of agencies, organizations and individuals for implementation of architecture management regulations;

g/ Plans, drawings and illustrating images;

h/ Appendix on the list of valuable architectural works.

4. Provincial-level People’s Committees shall formulate architecture management regulations and submit them to provincial-level People’s Councils for approval before promulgation thereof; for architecture management regulations applicable to special-class urban centers or class-I urban centers that are centrally run cities, the agreement from the Ministry of Construction is required.

5. The Government shall promulgate specific regulations on contents of architecture management regulations; regulations on dossiers and the order and procedures for formulation, appraisal, consultation, publicization and methods of implementation of architecture management regulations.

Article 15. Revision of architecture management regulations

1. Provincial-level People’s Committees shall review and organize the evaluation of the implementation of architecture management regulations every five years or on an extraordinary basis before deciding on the revision of these regulations. Contents of review and evaluation of the implementation of architecture management regulations shall be prescribed by the Government.

2. Conditions for revision of architecture management regulations:

a/ There is an adjustment in urban planning, rural planning, urban design and boundaries of administrative units which affects characteristics, functions and size of areas covered by architecture management regulations;

b/ A national key project is formulated, causing impacts on the spatial layout of the entire area covered by architecture management regulations;

c/ Architecture management regulations cannot be implemented or their implementation has adverse impacts on the socio-economic development, national defense, security, social welfare, eco-environment and historical-cultural relics;

d/ Revision of these regulations is made for state and community interests.

3. Principles of revision of architecture management regulations:

a/ Focusing on those regulations that need to be revised while maintaining the legal validity of those regulations that do not need to be revised;

b/ Making revision based on analysis and evaluation of the current state and clear determination of requirements for revision to adapt these regulations to developmental requirements.

4. Provincial-level People’s Committees shall seek approval from provincial-level People’s Councils of revision of architecture management regulations before making revision decisions; for architecture management regulations of special-class urban centers or class-I urban centers that are centrally run cities, the agreement from the Ministry of Construction is required.

Article 16. Architectural advisory council

1. The national architectural advisory council may be formed under the Prime Minister’s decision when necessary to give advices to the Prime Minister on architecture-related issues and architecture of important construction works.

2. Provincial-level architectural advisory councils may be formed under decisions of chairpersons of provincial-level People’s Committees when necessary to give advices to these chairpersons on architecture-related issues and architecture of important construction works and valuable architectural works in their localities.

3. Members of an architectural advisory council include representatives of state management agencies in charge of architecture and experts in architecture-related fields.

4. An architectural advisory council and its members shall bear responsibility before law and to the person issuing the decision on establishment of the council for their advices.

5. Members of an architectural advisory council shall work on a part-time basis; the council shall be automatically disbanded after accomplishing its assigned tasks.

Article 17. Architectural plan contest

1. Architectural plan contest means a contest held to select the optimal architectural plan that meets requirements on planning, architecture, culture, socio-economic efficiency, national defense, security and environmental protection.

2. An architectural plan contest is compulsory for the following works:

a/ Special-class or class-I public works;

b/ Provincial-level central railway stations, civil aviation terminals; bridges in urban centers of grade II or higher grades and railway stations in urban areas of urban centers of grade II or higher grades; statues and construction works symbolic of the tradition, culture and history in localities; important construction works and landmarks in urban areas and along main streets that are specified in urban planning and designs and architecture management regulations approved by competent authorities.

3. Architectural plan contests shall be proposed in investment policies or pre-feasibility study reports.

4. Persons having competence to make investment decisions shall decide on forms of architectural plan contests and establishment of architectural plan contest councils.

5. Expenses for architectural plan contests shall be included in total investments of projects.

6. Based on architectural plans selected through contests, organizations and individuals owning such plans can take subsequent steps in projects if they meet the conditions prescribed in the construction and bidding laws.

7. Information about contests, architectural plan contest councils and contest results shall be publicly announced in the mass media by project owners.

8. The Government shall detail this Article.

Article 18. Document archive

State management agencies in charge of architecture and project owners shall archive architectural design documents and dossiers. Construction consultants, contractors and management boards shall archive dossiers on their activities in accordance with the law on archive and other relevant regulations.

Chapter III

PRACTICE OF ARCHITECTURE

Section 1

GENERAL PROVISIONS ON PRACTICE OF ARCHITECTURE

Article 19. Architectural services

1. Architectural service is a type of construction design service and construction design appraisal service.

2. Architectural services include:

a/ Construction architectural design;

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

c/ Landscape architectural design;

d/ Interior design;

dd/ Indications to architectural engineering characteristics of construction works;

e/ Construction architectural assessment;

g/ Architectural design appraisal.

Article 20. Socio-professional architecture practicing associations

Socio-professional architecture practicing associations may be established, organized and operate in accordance with this Law and other relevant regulations.

Article 21. Conditions for practice of architecture

1. Individuals holding the title of architectural design manager, individuals bearing professional responsibility for architecture in architecture practicing organizations and self-employed practicing architects must possess an architecture practice certificate, except the case specified in Article 31 of this Law.

2. Individuals who possess no architecture practice certificate may provide architectural services as members of architecture practicing organizations or enter into partnerships with self-employed practicing architects.

3. Architecture practicing organizations must satisfy the conditions prescribed in Article 33 of this Law.

Article 22. Code of professional conduct for practicing architects

1. The code of professional conduct for practicing architects must be compliant with law and include the following basic contents:

a/ Practice principles;

b/ Competitiveness in the practice of architecture;

c/ Guarantee of gender equality;

d/ Intellectual property rights;

dd/ Professional behaviors toward colleagues and clients.

2. The code of professional conduct for practicing architects shall be applied to architecture practicing organizations and individuals.

3. The Government shall provide for the competence and prescribe the order and procedures for promulgating the code of professional conduct for practicing architects.

Article 23. Continuous career development

1. Continuous career development includes updating, maintaining, strengthening and improving knowledge and skills of practicing architects.

2. Socio-professional architecture practicing associations, architectural research institutes and architecture training institutions may carry out activities specified in Clause 1 of this Article and evaluate the continuous career development of practicing architects.

3. The Government shall detail this Article.

Article 24. Management of architecture practice information

1. Within 5 working days after granting architecture practice certificates or receiving notices from architecture practicing organizations opening their offices in their localities, specialized architecture agencies of provincial-level People’s Committees shall publicly post information about architecture practicing organizations and individuals on their websites and send such information to the Ministry of Construction.

2. Within 5 working days after receiving information from specialized architecture agencies of provincial-level People’s Committees, the Ministry of Construction shall publicly post information about architecture practicing organizations and individuals on its portal.

Section 2

PRACTICE OF ARCHITECTURE BY INDIVIDUALS

Article 25. Self-employed practicing architects

1. Self-employed practicing architects are architects who possess an architecture practice certificate, do not work for any architecture practicing organizations and provide architectural services on their own.

2. Self-employed practicing architects shall provide architectural services under contracts signed with organizations and individuals in accordance with this Law and other relevant regulations.

Article 26. Test for grant of architecture practice certificates

1. Socio-professional architecture practicing associations, architectural research institutions and architecture training institutions may hold tests for grant of architecture practice certificates.

2. A test for grant of architecture practice certificate must include the following contents:

a/ Architecture-related professional experience;

b/ Legal knowledge about the field in which examinees wish to practice;

c/ Specialized architecture knowledge;

d/ Knowledge about the code of professional conduct for practicing architects.

3. Socio-professional architecture practicing associations, architectural research institutions and architecture training institutions are recognized to be qualified for holding test for grant of architecture practice certificate if they meet the following requirements:

a/ Having been lawfully established;

b/ Operating in an architecture-related field;

c/ Having an adequate number of employees and physical facilities necessary for the test.

4. The Government shall promulgate specific regulations on test schedules, contents and forms; validity period of test results; conditions for socio-professional architecture practicing associations, architectural research institutions and architecture training institutions to be qualified for holding test for grant of architecture practice certificate.

Article 27. Competence to grant, renew, revoke and re-grant architecture practice certificates; validity period of architecture practice certificates

1. Specialized architecture agencies of provincial-level People’s Committees are competent to grant, renew, revoke and re-grant architecture practice certificates.

2. Architecture practice certificates are valid for 10 years nationwide.

3. The Minister of Construction shall promulgate regulations on the form of architecture practice certificate.

Article 28. Conditions for grant and renewal of architecture practice certificates

1. Conditions for grant of architecture practice certificate to an applicant:

a/ The applicant possesses a university or higher qualification in architecture;

b/ The applicant has at least 3 years’ experience of working at an architecture practice organization or partnership with self-employed practicing architects;

c/ The applicant has successfully passed a test for grant of architecture practice certificate.

2. Conditions for renewal of architecture practice certificate:

a/ It has expired;

b/ The applicant ensures continuous career development;

c/ The applicant commits no breach of the code of professional conduct for practicing architects.

3. Individuals who have at least 10 successive years directly involving in the state management of architecture or in providing university or postgraduate training in architecture or architecture practice will be exempted from the condition specified at Point c, Clause 1 of this Article.

4. Individuals who have been given a national or international architecture award will be exempted from the condition specified at Point b, Clause 1 of this Article.

Article 29. Grant and renewal of architecture practice certificate

1. Persons applying for grant or renewal of architecture practice certificate shall submit one set of dossier in person, online or by post to specialized architecture agencies of provincial-level People’s Committees.

2. Specialized architecture agencies of provincial-level People’s Committees shall form a council to consider the grant or renewal of architecture practice certificate. The council shall be composed of representatives of the specialized architecture agency of the provincial-level People’s Committee and socio-professional architecture practicing association or architectural research institution, architecture training institution and/or architecture experts.

3. A council to consider the grant or renewal of architecture practice certificate and its members shall bear responsibility before law and to the person issuing the decision on its formation of the council for their advice.

4. Members of a council to consider the grant or renewal of architecture practice certificate shall work on a part-time basis; it shall be automatically disbanded after accomplishing its assigned tasks.

5. The Government shall promulgate specific regulations on dossiers and order and procedures for grant and renewal of architecture practice certificate.

Article 30. Revocation and re-grant of architecture practice certificate

1. An architecture practice certificate may be revoked in the following cases:

a/ Its holder has no longer been eligible for grant or renewal of architecture practice certificate as prescribed in Article 28 of this Law;

b/ Forgery is found in the dossier of application or request for its grant, re-grant or renewal;

c/ Its holder commits a serious breach of the code of professional conduct for practicing architects;

d/ Professional and technical errors have been made in the practice of architecture, causing serious consequences as concluded by competent state agencies;

dd/ Its holder is prohibited from practicing architecture or carrying out architecture-related activities according to a court judgment or ruling which has taken legal effect.

2. An architecture practice certificate may be re-granted in the following cases:

a/ It is lost or damaged;

b/ Personal information written in the certificate is changed.

3. In case of being revoked, an architecture practice certificate may only be re-granted at least 12 months after the revocation date in the cases specified at Points c and d, Clause 1 of this Article, or after the expiry date of the prohibition from practicing architecture or carrying out architecture-related activities in the case specified at Point dd, Clause 1 of this Article, only when the conditions prescribed in Clause 1, Article 28 of this Law are met.

4. The Government shall promulgate specific regulations on dossiers, order and procedures for revocation and re-grant of architecture practice certificate.

Article 31. Practice of architecture by foreigners in Vietnam

1. Foreigners may practice architecture in Vietnam if they meet the following conditions:

a/ Possessing an architecture practice certificate granted in Vietnam or a valid one granted by a competent foreign agency or organization and having it recognized or converted in Vietnam;

b/ Complying with Vietnam’s law and code of professional conduct for practicing architects in Vietnam.

2. Recognition and conversion of architecture practice certificate are prescribed as follows:

a/ Foreigners who possess a valid architecture practice certificate granted by a competent foreign agency or organization and have participated in providing architectural services in Vietnam for under 6 months shall carry out the procedures for recognition of architecture practice certificate, or for 6 or more months, shall carry out the procedures for conversion of architecture practice certificate, at specialized architecture agencies of provincial-level People’s Committees;

b/ Recognition and conversion of architecture practice certificate between Vietnam and other countries or territories must comply with the provisions of international agreements or treaties to which the Socialist Republic of Vietnam is a contracting party.

3. The Government shall promulgate specific regulations on the method of counting the period of providing architectural services in Vietnam; dossiers, order and procedures for recognition and conversion of architecture practice certificate of foreigners practicing architecture in Vietnam.

Article 32. Rights and obligations of architects with architecture practice certificate

1. Architects possessing an architecture practice certificate have the following rights:

a/ To provide architectural services;

b/ To enjoy protection of intellectual property rights in accordance with the law on intellectual property;

c/ To request project owners to provide information and documents related to their assigned tasks of making architectural designs;

d/ To request project owners and construction contractors to strictly implement approved architectural designs;

dd/ To refuse to fulfill any illegal requests of project owners;

e/ To refuse to accept construction works and items that are inconsistent with approved architectural designs, standards or technical regulations;

g/ To request project owners to properly perform signed contracts.

2. Architects possessing an architecture practice certificate have the following obligations:

a/ To observe the code of professional conduct for practicing architects;

b/ To secure ongoing career development;

c/ To carry out author’s supervision during the process of building works;

d/ To strictly implement contractual commitments to project owners.

Section 3

PRACTICE OF ARCHITECTURE BY ORGANIZATIONS

Article 33. Conditions on operation and forms of architecture practicing organizations

1. Conditions on operation of architecture practicing organizations include:

a/ Being established in accordance with law;

b/ Having employees possessing an architecture practice certificate to assume professional responsibilities related to architecture or manage architectural design activities;

c/ Providing information specified at Points a and b of this Clause to specialized architecture agencies of provincial-level People’s Committees of the localities where these organizations are located.

2. Architecture practicing organizations include architect’s offices, non-business organizations and other enterprises, and shall be organized and operate in accordance with this Law, the Law on Enterprises and other relevant regulations.

3. Architect’s offices shall be established by architects possessing an architecture practice certificate and operate as an enterprise.

Article 34. Rights and obligations of architecture practicing organizations

1. Architecture practicing organizations have the following rights:

a/ To provide architectural services;

b/ To enjoy protection of intellectual property rights in accordance with the law on intellectual property;

c/ To request project owners to provide information and documents related to their assigned tasks;

d/ To request project owners and construction contractors to strictly implement approved architectural designs;

dd/ To refuse to fulfill any illegal request from project owners or any request than architectural design tasks and in breach of contracts, or any request for architectural design modifications unconformable with standards and technical regulations;

e/ To refuse to accept construction works and items in breach of approved architectural designs.

2. Architecture practicing organizations have the following obligations:

a/ To operate strictly within their registered business lines;

b/ To properly perform contracts signed with customers in accordance with law;

c/ To purchase professional liability insurance in accordance with law;

d/ To bear responsibility for the quality of architectural works under signed contracts, compensate for any damage in accordance with law that is caused by the use of improper information, documents, standards, technical regulations or solutions, improper management or breaches of contracts.

Article 35. Author’s supervision

1. Architecture practicing organizations or self-employed architects shall perform author’s supervision during the construction period.

2. Performers of author’s supervision have the following rights:

a/ To request project owners and construction contractors to strictly implement approved architectural designs;

b/ To directly, or authorize other organizations or individuals possessing an architecture practice certificate to, perform author’s supervision under signed contracts and in accordance with law;

c/ To notify or stop author’s supervision if the construction period is longer than the one stated in signed contracts, unless otherwise agreed;

d/ To reject requests of project owners for unreasonable modifications to architectural designs;

dd/ To refuse to sign acceptance reports for works constructed in breach of approved architectural designs.

3. Performers of author’s supervision have the following obligations:

a/ To participate in the pre-acceptance test of completed works in accordance with law and contracts signed with project owners;

b/ To correct errors found in architectural designs upon project owners’ requests;

c/ To inform project owners or local state management agencies in charge of architecture for handling when detecting construction activities that contravene approved architectural designs.

Chapter IV

STATE MANAGEMENT OF ARCHITECTURE

Article 36. Contents of state management of architecture

1. To promulgate and submit to competent agencies for promulgation and organize the implementation of, legal documents on architecture.

2. To formulate, and organize the implementation of, orientations for Vietnam’s architecture development and strategies, programs, schemes and plans for architectural activities.

3. To organize and unify the management of urban architecture and rural architecture; to manage the practice of architecture.

4. To grant, renew, revoke and re-grant architecture practice certificates.

5. To formulate and issue standards and technical regulations on architecture.

6. To organize and manage scientific researches and application of architectural technologies; to organize professional training and retraining of architectural workforce.

7. To carry out architecture law propaganda, dissemination and education.

8. To implement international cooperation in architecture.

9. To build and manage archives of dossiers, databases, and provide information necessary for architectural activities.

10. To provide guidance on, inspect and examine the implementation of the law on architecture; to settle complaints and denunciations, give rewards and handle violations in architectural activities.

Article 37. Responsibilities of the Government, ministries and ministerial-level agencies

1. The Government shall perform the uniform state management of architecture nationwide.

2. The Ministry of Construction shall act as the focal-point agency to assist the Government in performing the state management of architectural activities nationwide and have the following responsibilities:

a/ To formulate orientations for development of Vietnam’s architecture and submit them to the Prime Minister for approval;

b/ To promulgate according to its competence or submit to competent agencies for promulgation and organize the implementation of, policies, legal documents, standards and technical regulations on architecture;

c/ To organize and manage architectural activities in project management and appraisal and construction design;

d/ To provide instructions for, inspect and examine, the implementation of the law on architecture;

dd/ To settle complaints and denunciations, give rewards and handle violations in architectural activities;

e/ To organize and manage scientific research and application of architecture technologies; to carry out architecture law propaganda, dissemination and education;

g/ To organize professional training and retraining in architectural activities;

h/ To coordinate with other ministries, ministerial-level agencies and provincial-level People’s Committees in inspecting and evaluating the architectural quality of construction investment projects;

i/ To issue architectural design models for public works and rural houses that meet requirements on adaptation to climate change and prevention and control of natural disasters;

k/ To build the national database on architecture and practice of architecture; to manage and provide information necessary for architectural activities;

l/ To implement international cooperation in architecture.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, cooperate with the Ministry of Construction in performing the state management of architectural activities.

Article 38. Responsibilities of People’s Committees at all levels

1. Provincial-level People’s Committees, within the ambit of their tasks and powers, have the following responsibilities:

a/ To perform the state management of architectural activities in accordance with this Law and the powers delegated by the Government; to promulgate  documents according to their competence; to provide instructions for, inspect and examine and handle violations in, architectural activities;

b/ To implement and coordinate with ministries and ministerial-level agencies in implementing, monitoring, inspecting and supervising the architectural quality of construction investment projects;

c/ To organize professional training and retraining in architecture for employees of agencies and units under their management according to delegated powers;

d/ To build local databases on architecture and practice of architecture; to manage and provide information necessary for architectural activities;

dd/ On an annual basis, to report on the state management of architectural activities to the Ministry of Construction.

2. District-level and commune-level People’s Committees, within the ambit of their tasks and powers, have the following responsibilities:

a/ To perform the state management of architectural activities in their localities in accordance with law;

b/ To organize professional training and retraining in architecture for employees of agencies and units under their management according to the delegated powers.

Chapter V

IMPLEMENTATION PROVISIONS

Article 39. Amendments and supplements to a number of articles of the laws regarding architectural activities

1. To amend and supplement a number of articles of Law No. 50/2014/QH13 on Construction already amended and supplemented by Law No. 03/2016/QH14 and Law No. 35/2018/QH14 as follows:

a/ To amend and supplement Clause 1, Article 91 as follows:

“1. Conforming with the detailed construction plan approved by a competent state agency. For construction works in areas or on streets inside established urban centers without detailed construction plans or urban designs, they must conform with architecture management regulations promulgated by competent state agencies.”;

b/ To amend and supplement Point a, Clause 1, Article 93 as follows:

“a/ Conforming to land use purposes determined in the approved land use master plan and architecture management regulations promulgated by competent state agencies;”;

c/ To add the following Clause 4a below Clause 4, Article 148:

 “4a. Organizations and individuals practicing architecture shall comply with the law on architecture.”;

d/ To add the following Clause 4 below Clause 3, Article 149:

“4. Architecture practice certificate must comply with the law on architecture.”

dd/ To annul Article 81.

2. To amend and supplement a number of articles of Law No. 30/2009/QH12 on Urban Planning already amended and supplemented by Law No. 77/2015/QH13 and Law No. 35/2018/QH14 as follows:

a/ To amend and supplement Clause 1, Article 69 as follows:

“1. Organizations and individuals building, renovating and repairing architectural works, technical infrastructure facilities, social infrastructure facilities and houses shall comply with the approved detailed urban master plan, architecture management regulations and law on construction.”;

b/ To amend and supplement Clause 6, Article 72 as follows:

“6. Project owners identified in investment decisions shall manage the technical infrastructure system, space and architecture according to the approved urban master plan and architecture management regulations within the boundaries of project sites, unless management tasks are assigned to People’s Committees.”;

c/ To annul Article 60.

3. To replace the phrase used in several following laws:

a/ To replace the phrase “urban planning and architecture management regulations” with “architecture management regulations” in Clause 2, Article 93 of Law No. 50/2014/QH13 on Construction amended and supplemented by Law No. 03/2016/QH14 and Law No. 35/2018/QH14;

b/ To replace the phrase “urban planning and architecture management regulations” with “architecture management regulations” in Clause 2, Article 20 in Law No. 65/2014/QH13 on Housing;

c/ To replace the phrase “urban planning and architecture management regulations” with “architecture management regulations” in Article 5; Point e, Clause 3, Article 12; Clause 3, Article 13; and Clause 1, Article 52, of  Law No. 30/2009/QH12 on Urban Planning amended and supplemented by Law No. 77/2015/QH13 and Law No. 35/2018/QH14.

4. To remove the phrase “or selected” at Point d, Clause 1, Article 22 of Law No. 43/2013/QH13 on Bidding amended and supplemented by Law No. 03/2016/QH14 and Law No. 04/2017/QH14.

Article 40. Effect

This Law takes effect on July 1, 2020.

Article 41. Transitional provisions

1. Urban planning and architecture management regulations approved in accordance with the Law on Urban Planning prior to the effective date of this Law may be further implemented through December 31, 2021.

2. Construction architectural design contests or selections conducted in accordance with the Law on Construction with the selection plans approved before the effective date of this Law may be held through December 31, 2021.

3. Construction practice certificates granted to individuals making construction architectural designs and carrying out construction architectural design appraisal in accordance with the law on construction will be valid until their expiration date, unless otherwise prescribed in Clause 4 of this Article.

4. If construction practice certificates granted to individuals making construction architectural designs and carrying out construction architectural design appraisal expire within the period from July 1, 2020, through December 31, 2020, they may be used through December 31, 2020; in case of being lost or damaged, they may be re-granted in accordance with the law on construction.

This Law was passed on June 13, 2019, by the XIV^th National Assembly of the Socialist Republic of Vietnam at its 7^th session.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN