Consolidated Document number 12/VBHN-BXD Decree detailing certain provisions of the Architecture Law

DECREE

DETAIL REGULATIONS ON CERTAIN PROVISIONS OF THE ARCHITECTURE LAW

Decree No. 85/2020/NĐ-CP dated July 17, 2020 of the Government detailing certain provisions of the Architecture Law took effect from September 7, 2020, amended and supplemented by:

Decree No. 35/2023/NĐ-CP dated June 20, 2023 of the Government amending and supplementing certain provisions of several Decrees under the management of the Ministry of Construction, effective from June 20, 2023

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

Pursuant to the Law on Architecture dated June 13, 2019;

At the proposal of the Minister of Construction,1

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the contents assigned by Clause 5 Article 13; Clause 5 Article 14 and Clause 1 Article 15; Clause 8 Article 17; Clause 3 Article 22; Clause 3 Article 23; Clause 4 Article 26; Clause 5 Article 29; Clause 4 Article 30 and Clause 3 Article 31 of the Architecture Law regarding architectural works of value; architectural management regulations; architectural design competitions; professional conduct rules for practicing architects; continuous professional development; examination for issuance of practice certificates for architects; issuance, extension, revocation, and reissuance of practice certificates for architects; foreign nationals' practice of architecture in Vietnam.

Article 2. Applicability

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

Chapter II. REGULATIONS ON ARCHITECTURAL MANAGEMENT

PART 1. ARCHITECTURAL WORKS OF VALUE

Article 3. Criteria for evaluating architectural works of value

1. Criteria on artistic architectural and landscape values, including the following factors:

a) Representative of a type or style of architecture;

b) Artistic architectural value of the work itself and the overall space within its premises;

c) Value associated with the landscape, contributing to the urban landscape, scenic spots, natural scenery;

d) Technical and construction technology value, use of building materials.

2. Criteria on historical and cultural values, including the following factors:

a) Representative of a historical period;

b) Associated with the distinctive cultural characteristics of the locality;

c) Construction era and age of the work.

3. The scoring table for evaluating architectural works of value as prescribed in Appendix 1 attached to this Decree.

Article 4. Classification of architectural works of value

1. Architectural works of value are classified into three types:

Type I when meeting two criteria on artistic architectural and landscape values and criteria on historical and cultural values; the criteria on artistic architectural and landscape values must reach 80 points or more. Type II when meeting two criteria; Type III when meeting one of the two criteria above.

2. Provincial People's Committees (hereinafter referred to as Provincial People's Committee) shall classify and decide on measures and funding to manage, protect, and promote the values of architectural works based on the provisions of Clause 1 of this Article.

Article 5. Procedures for establishing, reviewing, approving, and adjusting the list of architectural works of value

1. Provincial People's Committee shall delegate authority to specialized agencies under the Provincial People's Committee or District People's Committee to establish and adjust the list of architectural works of value.

2. Establishing the list of architectural works of value:

a) The agency responsible for establishing the list of architectural works of value shall coordinate with specialized agencies on culture under the Provincial People's Committee, District People's Committee to review and assess the documentation of architectural works to establish the list of architectural works of value in their jurisdiction, and submit it to the Provincial People's Committee for approval.

b) In cases where organizations or individuals propose to include architectural works in the list of architectural works of value, they shall submit a written request along with the documentation of the architectural works to the specialized agency on architecture under the Provincial People's Committee for review and assessment.

c) Documentation of architectural works includes information about the history and evaluation of the value of the work; current architectural images and historical images of the work (if available); general floor plans, floor plans of each level, elevations, and sections; images and drawings describing decorative details (if available) and clarifying the values of the work.

d) The documentation of the list of architectural works of value includes: draft report; list of architectural works of value and accompanying appendices; explanation of proposed contents in the list; documentation of each architectural work and related documents; proposals for management and protection measures, promotion of architectural values of the work, and implementation funding.

đ) The agency responsible for establishing the list of architectural works of value shall organize written consultations with the provincial architectural advisory council, relevant agencies, organizations, and individuals regarding the documentation of architectural works and the list of architectural works of value according to Clause 3 Article 13 of the Architecture Law, with a minimum consultation period of 15 days for agencies and 30 days for organizations and individuals concerned.

3. Reviewing the list of architectural works of value:

a) The Provincial People's Committee decides to establish a Review Board for the list of architectural works of value. Members of the Review Board include representatives of state management agencies, professional associations, experts in the field of architecture and culture, and relevant organizations and individuals.

b) The Review Board for the list of architectural works of value evaluates according to the criteria for evaluation and classification prescribed in Articles 3 and 4 of this Decree.

4. The agency responsible for establishing the list of architectural works of value bases the results of the review to incorporate, explain, and complete the documentation, and submits it to the Provincial People's Committee for approval of the list of architectural works of value.

5. The maximum time for reviewing the list of architectural works of value is 20 days from the date of receipt of complete and valid documentation, and the maximum time for approving the list of architectural works of value is 15 days from the date of completion of the documentation according to the review results.

6. Adjusting the list of architectural works of value:

a) The agency responsible for compiling the list of architectural works of value shall annually review and assess architectural works of value within its jurisdiction, report to the Provincial People's Committee to decide on adjusting the list of architectural works of value in accordance with actual circumstances and conditions.

b) Contents that need to be adjusted in the list of architectural works of value must be solicited for opinions, examined, and approved according to the procedures and timeframes stipulated in Point đ Clause 1, Clause 2, Clause 3, Clause 4, Clause 5 of this Article; contents not subject to adjustment in the already approved list retain their legal validity.

SECTION 2. REGULATIONS ON ARCHITECTURAL MANAGEMENT

Article 6. Procedures for drafting, examining, promulgating architectural management regulations

1. Drafting architectural management regulations.

2. Examining architectural management regulations.

3. Approving and promulgating architectural management regulations.

4. Announcing architectural management regulations.

Article 7. Timeframes for drafting, examining, approving, and promulgating architectural management regulations

1. Timeframe for drafting architectural management regulations: Not exceeding 15 months for centrally-administered cities; not exceeding 12 months for other cases, counted from the date of being assigned to draft the regulations.

2. Timeframe for examining architectural management regulations: Not exceeding 30 days for centrally-administered cities; not exceeding 20 days for other cases, counted from the date of receiving complete valid files.

3. Timeframe for approving and promulgating architectural management regulations not exceeding 10 days, counted from the date of approval by the same-level People's Council.

Article 8. Drafting architectural management regulations

1. The Provincial People's Committee may delegate authority to the specialized agencies under the Provincial People's Committee or the District People's Committee to draft architectural management regulations.

2. Steps for drafting architectural management regulations:

a) Investigate current status, conduct field surveys; collect maps, documents, data on natural conditions, types of disasters frequently occurring in the area, urban planning and design (if applicable), and related legal documents as the basis for drafting architectural management regulations;

b) Draft architectural management regulations;

c) Solicit opinions from relevant agencies, organizations, individuals, and community residents regarding the draft architectural management regulations. The minimum timeframe for soliciting opinions is 15 days for agencies, 30 days for organizations, individuals, and community residents.

3. Files for examination of architectural management regulations include:

a) Memorandum;

b) Draft architectural management regulations and accompanying appendices (if any);

c) Explanations on proposed contents in the regulations;

d) Report summarizing responses, incorporating feedback and copies of submitted comments;

đ) Relevant legal documents and materials;

e) Draft decision on approving architectural management regulations.

Article 9. Examination, Approval, and Promulgation of Architectural Management Regulations

1. Examination contents include:

a) Compliance with principles of architectural operation as stipulated in Article 4 of the Architecture Law;

b) Compliance with provisions of Clause 2, Article 14 of the Architecture Law;

c) Ensuring contents as prescribed in Articles 12 and 13 of this Decree.

2. The specialized agency on architecture under the Provincial People's Committee is responsible for organizing the examination of architectural management regulations. During the examination process, the examining agency is responsible for soliciting written opinions from relevant agencies and organizations; establishing a committee to examine and prepare an examination report. Agencies requested to provide comments are responsible for responding in writing within 15 days from the receipt of the request.

3. The examination report must clearly reflect the committee's opinion on the examination contents as stipulated in Clause 1 of this Article and conclusions on whether the regulation meets the conditions for submission for approval or not.

4. Files for approval and promulgation include the examination files of architectural management regulations that have been revised and completed according to the examination opinions; reports explaining and incorporating examination opinions along with the examination report.

5. For architectural management regulations for rural residential areas, the Provincial People's Committee may delegate authority to the District People's Committee to approve and promulgate.

Article 10. Soliciting Opinions on Architectural Management Regulations

1. Architectural management regulations shall be solicited through one or more of the following methods:

a) Directly via written submissions, survey forms, opinion sheets;

b) Conferences, seminars;

c) Soliciting opinions through the electronic portal of relevant agencies;

d) Public display or introduction through mass media.

2. All opinions must be fully compiled, explained, adopted, and reported to the competent authority for consideration and decision.

Article 11. Announcing Architectural Management Regulations

1. The agency drafting the architectural management regulations shall be responsible for organizing the announcement of such regulations.

2. Within the latest 15 days from the date of issuance of the architectural management regulations, all contents of the regulations must be publicly announced, except for those related to state secrets as stipulated by laws on protecting state secrets.

3. Architectural management regulations shall be announced through one or more of the following methods:

a) Posting on the electronic information page of the Provincial People's Committee or the agency drafting the architectural management regulations;

b) Announcing through mass media;

c) Organizing conferences or seminars to announce and disseminate the content of the regulations;

d) Publishing printed materials.

Article 12. Content of Urban Architectural Management Regulations

Urban architectural management regulations include the following main contents:

1. General provisions:

a) Provisions on architectural management for the entire area covered by the regulations: defining the overall scope and boundaries of the regulated area;

b) General urban planning indicators, district planning indicators already approved by the competent authority (if applicable), national or local technical standards and norms applied;

c) Orientation for spatial control, architecture, and landscape of the entire city;

d) Determining areas requiring separate urban design; locations and scales of construction projects requiring architectural design competitions;

đ) Provisions on architectural requirements for buildings to ensure disaster prevention and climate change adaptation needs.

2. Specific provisions:

a) Architectural provisions for each area within the city based on administrative boundaries or functions; for conservation areas;

b) Architectural provisions for specific streets, squares, central areas, city gates; signage, advertising, urban amenities arrangements; areas requiring priority renovation and implementation plans; areas with special management requirements; rural areas within the city;

c) Provisions on color, building materials; requirements for façades, roofs, ground floors of buildings;

d) Provisions on architectural management for residential buildings, public facilities, urban amenity facilities, industrial facilities, technical infrastructure facilities;

đ) Provisions on managing and protecting architecturally valuable structures.

3. Determining cultural identity requirements in architecture:

a) Unique factors related to natural conditions, economy, culture, local customs and traditions concerning cultural identity in architecture;

b) Local distinctive architectural styles; traditional construction techniques and material usage;

c) Selection of architectural options and orientations ensuring ethnic cultural identity in new construction and architectural renovation.

4. Contents prescribed in points e, g, and h of Clause 3, Article 14 of the Architecture Law.

5. A model guide for urban architectural management regulations is specified in Section 1 of Appendix II issued together with this Decree.

Article 13. Content of the architectural management regulation for rural residential areas

1. The architectural management regulation for rural residential areas includes the following main contents:

a) Provisions on the overall scope and boundaries for establishing the regulation;

b) General orientation on architecture and landscape for the entire rural residential area;

c) Determination of requirements regarding ethnic cultural identity in architecture at the rural residential area as prescribed in Clause 3, Article 12 of this Decree;

d) Specific provisions in central areas, along inter-village roads, main streets, village-to-village roads, conservation area landscapes; concentrated village areas, development areas along roads, rivers, water surfaces;

đ) Provisions for public works: office architecture, health facilities, educational institutions, cultural and sports facilities;

e) Provisions for housing construction: carried out according to the standards specified in the approved rural construction master plan;

g) Provisions as stipulated in points đ, e, g, and h of Clause 3, Article 14 of the Architecture Law and point d of Clause 1, Article 12 of this Decree.

2. The architectural management regulation for rural residential areas shall be established separately as prescribed in Clause 1 of this Article or incorporated into the general construction planning project for communes.

3. A model guide for establishing the architectural management regulation for rural residential areas is prescribed in Section 2 of Appendix II issued together with this Decree.

Article 14. Review and Evaluation of the Implementation of Architectural Management Regulations

1. The agency responsible for establishing the architectural management regulation shall have the responsibility to review and evaluate the implementation process of the architectural management regulation periodically every five years or at any time. The results of the review and evaluation must be reported in writing to the agency approving the architectural management regulation and the Ministry of Construction for cities from Class I upwards.

2. The report on reviewing the architectural management regulation is one of the bases for deciding to adjust the architectural management regulation.

3. Contents of the review and evaluation of the implementation process of the architectural management regulation:

a) Reviewing the situation and organizing the implementation of architectural management regulations and construction investment projects within the scope of application of the architectural management regulation.

b) Evaluating the objectives achieved, impacts, and effectiveness of implementing the architectural management regulation that has been approved and promulgated.

c) Reviewing and analyzing new factors in the architectural management process, the suitability, consistency, and synchronization with related planning and socio-economic development plans in the area where the regulation is established.

d) Recommendations and proposals.

4. Documents for the report on reviewing the architectural management regulation include: Written report, colored drawings at appropriate scales, relevant legal documents.

Article 15. Measures to Organize the Implementation of Architectural Management Regulations

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

a) Issuing documents and plans to implement the architectural management regulation;

b) Promoting and disseminating information about the architectural management regulation;

c) Urging, monitoring the implementation situation, inspecting, auditing, and handling violations of the regulation;

d) Encouraging organizations and individuals to supervise the implementation of the regulation;

đ) Ensuring human resources, material infrastructure, and funding for establishing and implementing the architectural management regulation.

2. People's Committees at all levels shall organize the implementation of the measures prescribed in Clause 1 of this Article promptly and effectively.

3. Funding for establishing and implementing the architectural management regulation:

a) Funding for the work of establishing and implementing the architectural management regulation from the state budget shall be implemented in accordance with the State Budget Law and current guiding documents.

b) The Ministry of Construction shall announce the method for determining costs for the work of establishing and implementing the architectural management regulation.

c) People's Committees at all levels shall be responsible for balancing local government budget funds annually to carry out the work of establishing and implementing the architectural management regulation in their locality.

d) Heads of agencies responsible for managing state budget funds for the work of establishing and implementing the architectural management regulation; controlling advance payments, settlements, and final accounts in accordance with current regulations. Relevant agencies shall cooperate in inspection and supervision.

đ) In cases where consulting units are hired to establish the architectural management regulation, it must comply with laws on bidding and related laws.

PART 3. COMPETITIVE SELECTION OF ARCHITECTURAL PROPOSALS

Article 16. Forms of Competitive Selection

1. Open competitive selection is a form organizing a competition without limiting the number of domestic and foreign organizations and individuals (if necessary) participating in the selection.

2. Restricted competitive selection is a form organizing a competition applied in cases where only a certain number of organizations and individuals (but not less than three) meet the technical requirements or the specific nature of the architectural proposal competition project.

Article 17. Requirements for Organizing Competitive Selection

1. There must be a design task that is consistent with approved urban planning, city planning, urban design, and architectural management regulations.

2. Establish a Board for the Competitive Selection of Architectural Proposals.

3. The investor decision-maker, the main investor, or the agency or organization entrusted with the task of organizing the competitive selection (referred to as the competition organizing unit) shall establish a Technical Team to assist the Board for the Competitive Selection of Architectural Proposals.

4. Information about the competitive selection, the Board for the Competitive Selection of Architectural Proposals, and the results of the competition must be publicly posted on one or more mass media or government websites related to architecture at central and local levels where the competition is held for a minimum period of thirty days.

Article 18. Organization of Competitive Selection

1. Preparatory work before organizing the competitive selection:

a) Completing procedures and collecting legal data, information, and relevant urban planning information for the construction site.

b) Drafting and approving the competition plan, budget, competition rules, and design tasks.

c) Establishing the Board for the Competitive Selection of Architectural Proposals and the Technical Team.

2. The design task must provide the legal information of the construction site project, current drawings, planning indicators, information about the site conditions, purpose, nature, scale of the project; estimated total investment; architectural requirements, functional use, technical requirements, integration with the surrounding landscape, and other related requirements.

3. Competition rules include the following basic contents:

a) Form, scale, nature, purpose, and requirements of the competition;

b) Regulations on competition conditions; criteria, content, and procedures for organizing the competition; time and location of the competition; competition entry requirements; validity of competition entries;

c) Composition of the Board for the Competitive Selection of Architectural Proposals and basic information about the expertise and experience of its members;

d) Costs of organizing the competition and the basis for calculating design fees for the project;

đ) Structure and value of awards (if any);

e) Rights and responsibilities of related parties, copyright;

g) Sample registration form for participating in the competition;

h) Other contents according to the requirements of each competition: type of competition (architectural concept competition or architectural proposal competition); regulations on rounds; situations ending a round without an optimal proposal; principles for calculating design fees for the project.

4. The competition entry includes descriptions, architectural drawings, technical solutions, and films, photos, models (if any), and financial proposals. Entries must be uniformly specified regarding language (Vietnamese or bilingual), measurement units, currency, and anonymity rules, not displaying the name or logo of the consulting firm or author on drawings or descriptions.

Article 19. Board for the Competitive Selection of Architectural Proposals

1. The Board for the Competitive Selection of Architectural Proposals evaluates and ranks the submitted proposals, assisting the main investor in selecting the optimal architectural proposal that meets urban planning, architectural, cultural, economic-social, national defense, security, and environmental protection requirements for designing and constructing the project.

2. Composition of the Council:

a) The Board has an odd number of members, a minimum of nine people.

b) It consists of one Chairperson and members.

c) The Board must have at least two-thirds of its members being architects knowledgeable and experienced in the type of construction project. There is one representative from the state management agency in the field of planning and architecture and one representative from a social or professional organization in the field of architecture practice.

d) The Chairperson must be an experienced specialist who has designed many constructed projects and has a reputable career in the field of architecture. The Chairperson is elected by the Board or invited by the main investor.

đ) Members of the Board are professionals and experienced in the fields of planning, architecture, construction, and related areas; they are impartial and fair. The competition organizing unit may invite foreign experts to participate (if necessary).

3. Principles of Operation of the Board:

a) The Board operates according to the Rules established by the Board (hereinafter referred to as the Board Rules). The Board Rules reflect the principles, methods of evaluation, ranking criteria for submitted proposals; working system and duties, rights, and responsibilities of the Board. The Board Rules must be agreed upon by all members. The Chairperson represents the Board in approving the Board Rules.

b) The Board can only proceed to evaluate and rank submitted proposals when at least three-quarters of the members are present.

c) The Chairperson, members, and secretary of the Board shall not disclose or provide to other organizations or individuals outside the Board for the Competitive Selection of Architectural Proposals any information about the discussion content or conclusions during the evaluation and ranking process.

d) Within no later than three days after the completion of the scoring session, the Board for the Competitive Selection must send the scoring results to the main investor for review and recognition of the competition results.

4. Responsibilities of the Board:

a) The Chairperson directs the establishment of the Board Rules; leads throughout the time the Board is operating.

b) Board members comply with the Board's operational principles, bear legal responsibility for ensuring confidentiality, impartiality, honesty, and not engaging in negative actions affecting the evaluation and ranking results.

Article 20. Evaluation, Ranking of Competition Entries and Announcement of Results

1. The evaluation and ranking of competition entries shall be conducted strictly according to the methods and criteria stipulated in the Regulations of the Board, following the principle of secret ballot to select entries in order from first to third place. The highest ranked entry is the winning architectural design.

2. Reports on the results of the evaluation and ranking must be signed and confirmed by all members of the Board and submitted to the organizing unit for consolidation and reporting to the investment decision-maker for review and approval.

3. In cases where none of the entries meet the objectives and requirements specified in the competition regulations, the competition shall be re-conducted.

4. The organizing unit of the competition shall announce and publicize the results and organize the awarding of prizes after the completion of the competition, and send the competition results to the specialized agency on architecture under the provincial People's Committee.

Article 21. Costs of the Competition

1. The costs of organizing the competition include expenses for the Board; Technical Team; prize levels, support for competition entries, and other related expenses.

2. The organizing unit of the competition shall be responsible for the costs associated with the competition for architectural design proposals.

Article 22. Rights and Obligations of Organizations and Individuals Participating in the Competition for Architectural Design Proposals

1. Architectural design proposals participating in the competition shall be guaranteed authorship rights under intellectual property laws.

2. Organizations or individuals whose architectural design proposals win the competition, if they lack the necessary qualifications to proceed with subsequent steps (advisory services for feasibility study reports, construction design), may form a consortium with qualified advisory organizations to carry out these steps.

3. If organizations or individuals whose architectural design proposals win the competition do not proceed or refuse to proceed with subsequent steps, the investor shall negotiate to use the winning architectural design proposal in accordance with intellectual property laws and related provisions; if negotiations fail, the next ranked proposal will be selected for negotiation and contract signing.

4. Responsibilities of the competition organizing unit:

a) Implement the competition regulations that have been approved;

b) Create favorable conditions for the Board to perform and complete its tasks. Do not use influence to distort the competition results.

Chapter III. PROVISIONS ON THE ARCHITECTURAL PRACTICE

PART 1. PROFESSIONAL CONDUCT RULES AND CONTINUOUS PROFESSIONAL DEVELOPMENT

Article 23. Authority, Procedures, and Formalities for Issuing Professional Conduct Rules for Practicing Architects

1. The Vietnam Association of Architects shall establish and issue professional conduct rules for practicing architects according to the procedures and formalities stipulated in Clause 2 of this Article.

2. The procedures and formalities for issuing professional conduct rules for practicing architects are as follows:

a) Establish a drafting committee and editorial team to draft the professional conduct rules for practicing architects;

b) Draft the professional conduct rules for practicing architects;

c) Organize the solicitation of opinions from relevant agencies, professional associations, and individuals regarding the draft professional conduct rules for practicing architects;

d) Explain, incorporate suggestions, and finalize the draft professional conduct rules for practicing architects, and publish them on the Vietnam Association of Architects' website;

đ) Issue the professional conduct rules for practicing architects.

3. Within fifteen days from the date of issuance, the professional conduct rules for practicing architects must be published on the website of the issuing organization; sent to the Ministry of Construction for publication on the Ministry of Construction's website and other forms of publication as prescribed by law on access to information.

4. The professional conduct rules for practicing architects shall be reviewed and evaluated every five years to promptly adjust them in line with economic and social development at each stage.

Article 24. Continuous Professional Development of Practicing Architects

1. Continuous professional development of practicing architects includes: participating in specialized training courses on professional knowledge and laws; conferences, seminars, roundtables, forums; survey and study tour programs related to architecture; writing books, articles in specialized architectural publications, presenting papers at conferences and seminars on architecture; enrolling in postgraduate courses and specialized training courses on architecture; teaching at universities and postgraduate levels and specialized training courses on architecture; researching and inventing scientific achievements in the field of architecture that are recognized; winning national architecture awards.

2. Professional social organizations, research institutions, and training establishments in the field of architecture shall implement activities for continuous professional development, including organizing specialized training courses on professional knowledge and laws; conferences, seminars, roundtables, forums; survey and study tour programs related to architecture.

3. Organizations implementing activities for continuous professional development shall be responsible for:

a) Announcing and publishing information about the program, content, and time of organizing continuous professional development activities through mass media;

b) Confirming participation in continuous professional development activities of individuals in writing according to the model prescribed in Appendix V issued together with this Decree, serving as a basis for individuals to prepare applications for extending their architectural practice certificates;

c) In cases where individuals participate in continuous professional development activities abroad, they must have written documentation, certificates, or materials proving their participation, translated into Vietnamese and notarized or certified in accordance with Vietnamese law.

4. Practicing architects must meet the requirements of annual continuous professional development through a minimum accumulation of 04 points of continuous professional development. Practicing architects over 60 years old must achieve a minimum of 02 points of continuous professional development annually. Individuals who exceed the required level may transfer the results of continuous professional development to the following year. Individuals who fail to meet the required level must complete the remaining results of continuous professional development in the following year.

5. The Vietnam Association of Architects shall establish and promulgate a detailed scoring method for continuous professional development activities of practicing architects as stipulated in Clause 1 of this Article after obtaining written consensus from the Ministry of Construction.

Section 2. EXAMINATION FOR ISSUANCE OF ARCHITECTURAL PRACTICE CERTIFICATE, APPLICATIONS, PROCEDURES FOR ISSUANCE, EXTENSION, REVOCATION, AND REISSUANCE OF ARCHITECTURAL PRACTICE CERTIFICATE

Article 25. Examination Program, Content, and Formspecialized agency under the People's Committee of the province/city.

1. The Vietnam Association of Architects shall establish and promulgate examination programs and materials, and a set of examination questions after obtaining written consensus from the Ministry of Construction.

2. The content of the examination question set with a maximum score of 100 points must be consistent with Clause 2 of Article 26 of the Architecture Law, including:

a) 10 questions on professional experience with a maximum score of 40;

b) 05 questions on legal knowledge with a maximum score of 20;

c) 05 questions on specialized knowledge with a maximum score of 20;

d) 05 questions on the Code of Conduct for Practicing Architects with a maximum score of 20.

3.2 Individuals applying for issuance of an architectural practice certificate for the first time must take an examination consisting of two parts: multiple-choice test and oral interview. The oral interview will be conducted immediately after the announcement of the satisfactory results of the multiple-choice test. Individuals taking the oral interview must draw lots and answer up to 04 questions, each question concerning knowledge and understanding applicable in architectural practice activities consistent with the content of the examination question set stipulated in Clause 2 of this Article.

3a.3 The examination shall be conducted through direct examination or online examination and must comply with the requirements and conditions stipulated in this Decree.

3b.4 Technical infrastructure and software requirements for online examination to issue an architectural practice certificate:

a) The organization conducting the online examination must ensure requirements for internet connection and connecting devices, computers, and terminal equipment with appropriate configurations to install and operate the online examination software system; there must be space to install equipment to monitor candidates during the online examination;

b) There must be solutions to ensure information security, electronic data storage, and personal information confidentiality when organizing online examinations;

c) The examination software must have the capability to stop the exam when violations are detected during the examination process; if the candidate can provide a reasonable explanation due to objective reasons, the examination manager allows them to retake the exam;

d) The software must ensure uninterrupted service for online examinations throughout the examination process, with mechanisms to guarantee the integrity and security of information before, during, and after the examination.

3c.5 Online examination management:

a) Monitoring the examination process is carried out through cameras of the examination devices, online examination software, and monitoring systems at the examination venue;

b) Examination managers are responsible for guiding and checking the suitability of the equipment and examination areas of participants before the examination.

3d.6 Organizations and agencies organizing examinations decide on the form of examination for issuing practice certificates; promulgating regulations for online examinations ensuring management requirements and technical infrastructure and software requirements for online examinations.

4. Individuals achieving examination results must obtain a total score of 70 points or more, including a minimum score of 16 points in the legal knowledge section; other sections must achieve a minimum of 50% of the points specified in Clause 2 of this Article.

5.7 Direct or online examinations shall be organized regularly every six months or on an ad hoc basis as required by actual needs. If an examination cannot be organized, it must be notified in writing to the registered examinees within 15 days from the date of receipt of the registration form.

6. An individual who wishes to register for examination shall submit the examination registration form according to the model prescribed in Appendix III issued together with this Decree, along with a copy of the online training certificate, sent via postal service or submitted directly to the organization conducting the examination for issuance of the architectural practice certificate.

7. The organization or agency conducting the examination for issuance of the architectural practice certificate shall be responsible for:

a) Announcing the examination results to individuals participating in the examination within fifteen days from the date of the examination for issuance of the architectural practice certificate;

b) Issuing a certificate of examination results for the issuance of the architectural practice certificate to individuals who meet the examination requirements.

8. The validity period of the examination results shall have a maximum duration of twelve months from the date of issuance of the certificate of examination results. In case the certificate of examination results for the issuance of the architectural practice certificate is lost, a request must be made and a new certificate will be issued upon review.

Article 26. Conditions for Implementing Examinations for Professional Architectural Practice for Social-Professional Organizations, Research Institutions, and Architectural Training Institutions

1. Social-professional organizations for professional architectural practice, research institutions, and architectural training institutions recognized as meeting the conditions for implementing examinations must satisfy the following conditions:

a) Ensuring the requirements stipulated in Clause 3 of Article 26 of the Architecture Law;

b) Having a decision recognizing the conditions for implementing examinations for social-professional organizations for professional architectural practice, research institutions, and architectural training institutions;

c)8 Meeting the material infrastructure requirements serving the direct examination for issuance of the architectural practice certificate as specified in Appendix IV attached to this Decree in cases of direct examination; meeting the management requirements, technical infrastructure requirements, and online examination software requirements as stipulated in Clause 3b and Clause 3c of Article 25 of this Decree in cases of online examination.

d) Architectural training institutions at the bachelor's level or higher.

2. Documents for requesting recognition as an organization meeting the conditions for organizing examinations:

a) A request for recognition as meeting the conditions for organizing examinations submitted to the Ministry of Construction according to the model prescribed in Appendix III issued together with this Decree;

b) A statement explaining the ability to meet the requirements stipulated in Clause 3 of Article 26 of the Architecture Law;

c) A certified copy or electronic file containing a color photograph taken from the original or a copy, presenting the original for verification of the document issued by the competent state management agency allowing operation and approving the charter of the organization.

3. Within fifteen days from the date of receipt of complete and valid documents, the Ministry of Construction shall examine and issue a Decision recognizing the organization as meeting the conditions for issuing the architectural practice certificate. The recognition decision shall be sent to the social-professional organizations for professional architectural practice, research institutions, and architectural training institutions at the bachelor's level or higher, and published on the Ministry of Construction’s website within five days from the date of issuance of the Decision.

4.9 In cases where social-professional organizations for professional architectural practice, research institutions, and architectural training institutions have been recognized as meeting the conditions for examinations for issuance of the architectural practice certificate but only requested one form of examination at the time of recognition, when adding another form of examination, they must ensure the material infrastructure requirements (for direct examination), management requirements, technical infrastructure requirements, and examination software (for online examination) themselves and notify the Ministry of Construction for monitoring and inspection.

Article 27. Documents for Application to Obtain, Reissue, and Extend the Professional Practice Certificate for Architecture

1. The documents for application to obtain the professional practice certificate for architecture include:

a) An application form for obtaining the professional practice certificate according to the model prescribed in Appendix III attached to this Decree, accompanied by two color photographs measuring 4 x 6 cm with a white background taken within six months prior to the date of submission;

b) A university degree certificate issued by a legitimate educational institution corresponding to the content of the requested certificate; for certificates issued by foreign educational institutions, a certified Vietnamese translation must be provided in accordance with Vietnamese laws;

c) Decisions on job assignments (task assignments) from organizations to individuals or confirmation documents from the legal representatives of project investors regarding outstanding tasks completed by the individual as declared. The person signing the confirmation must bear responsibility for the truthfulness of the confirmed content. In cases where the individual practices independently, there must be contracts and acceptance records for outstanding tasks declared;

d) Legal residence documents or work permits issued by competent Vietnamese authorities for individuals who are foreigners;

đ) Valid examination results meeting the requirements;

e) The documents specified in points b, c, d, and đ of this clause must be certified copies or electronic files containing color scans of the original or certified copies, with the original presented for verification;

2. The documents for application to extend the professional practice certificate for architecture include:

a) An application form for extending the professional practice certificate according to the model prescribed in Appendix III attached to this Decree, accompanied by two color photographs measuring 4 x 6 cm with a white background taken within six months prior to the date of submission;

b) A confirmation document from the organization implementing continuous professional development activities as stipulated in Clause 4, Article 24 of this Decree;

c) Certified copies or electronic files containing color scans of the original or certified copies, with the original presented for verification of the previously issued professional practice certificate;

3. The documents for application to reissue the professional practice certificate for architecture include:

a) An application form for obtaining the professional practice certificate according to the model prescribed in Appendix III attached to this Decree, accompanied by two color photographs measuring 4 x 6 cm with a white background taken within six months prior to the date of submission;

b) Certified copies or electronic files containing color scans of the original or certified copies, with the original presented for verification of the previously issued professional practice certificate and documents proving the information that needs to be changed;

Article 28. Procedures and Formalities for Issuing, Reissuing, Extending, and Revoking the Professional Practice Certificate for Architecture

1. For issuing, reissuing, and extending the professional practice certificate for architecture:

a) Individuals submit one set of application documents for obtaining the professional practice certificate in accordance with Article 27 of this Decree through the internet, postal service, or directly at the competent authority issuing the professional practice certificate;

b) From the date of receiving complete and valid documents, the competent authority has the responsibility to issue the professional practice certificate for architecture within fifteen days for issuance, five days for reissuance, and ten days for extension. If the documents are incomplete or invalid, the competent authority issuing the professional practice certificate must notify the individual applying for the certificate in writing within five days from the date of receipt of the application documents;

c) Individuals must pay the fee when submitting the application documents for obtaining, reissuing, and extending the professional practice certificate for architecture. The collection, payment, management, and use of the fees for issuing the professional practice certificate shall be carried out in accordance with the regulations of the Ministry of Finance;

2. For revoking the professional practice certificate for architecture:

a) Within ten days from the date of receiving the inspection and audit conclusion, which includes a recommendation to revoke the professional practice certificate, or upon discovering or having grounds to determine one of the circumstances for revoking the professional practice certificate for architecture as stipulated in Clause 1, Article 30 of the Law on Architecture, the competent authority revoking the professional practice certificate issues a decision to revoke and invalidate the professional practice certificate, publishes it on its website, and simultaneously sends the information to be integrated on the website of the Ministry of Construction;

b) The competent authority revoking the professional practice certificate has the responsibility to send the decision to revoke the certificate to the individual whose certificate is revoked and publish it on its website; simultaneously sending the information to be integrated on the website of the Ministry of Construction within five days from the date of issuing the decision;

c) In cases where the professional practice certificate is revoked due to errors made by the authority issuing the professional practice certificate, the competent authority revoking the professional practice certificate has the responsibility to reissue the professional practice certificate within ten days from the date of receiving the revoked certificate.

Section 3. FOREIGN ARCHITECTURAL PRACTICE IN VIETNAM

Article 29. Determination of Time Engaged in Architectural Services in Vietnam

The time engaged in architectural services in Vietnam shall be calculated based on lawful residence documents or Work Permits and Labor Contracts issued by competent Vietnamese authorities for individual foreign nationals.

Article 30. Documents for Recognition and Conversion of Foreign Architects' Professional Certificates in Vietnam

The application documents for recognition and conversion of foreign architects' professional certificates in Vietnam include:

1. An application form for recognition and conversion of professional certificates as prescribed in Appendix III accompanying this Decree, along with two color photographs measuring 4 x 6 cm with a white background, taken within six months prior to submission.

2. A certified copy of educational diplomas and professional certificates issued by foreign organizations, translated into Vietnamese and notarized or authenticated in accordance with Vietnamese law.

3. A certified true copy or electronic file containing a color photograph of the original or certified copy of lawful residence documents or Work Permits issued by competent Vietnamese authorities, with the original presented for verification upon request.

Article 31. Procedures and Formalities for Recognition and Conversion of Foreign Architects' Professional Certificates in Vietnam

1. Individuals submit one set of application documents for recognition and conversion of professional certificates as stipulated in Article 30 of this Decree via online submission, postal service, or direct delivery to the competent authority issuing the professional certificate.

2. From the date of receiving complete and valid application documents, the competent authority shall recognize and convert the professional certificate within ten days. In cases where the application documents are incomplete or invalid, the competent authority issuing the professional certificate must notify the applicant in writing within five days from the date of receipt of the application documents.

3. The duration of architectural practice in the recognition and conversion certificate of foreign architects practicing architecture in Vietnam shall be determined according to the validity period of the professional certificate issued by foreign organizations or entities.

4. Individuals must pay the fee when submitting the application documents for recognition and conversion of professional certificates. The collection, payment, management, and utilization of fees for issuing professional certificates shall comply with regulations of the Ministry of Finance.

Chapter IV. IMPLEMENTING PROVISIONS

Article 32. Effectiveness10

This Decree takes effect from September 7, 2020. Decree No. 38/2010/NĐ-CP dated April 7, 2010 of the Government on urban space, architectural, and landscape management ceases to be effective from the date this Decree comes into force.

Article 33. Transitional Provisions11

Professional certificates for construction activities issued to individuals engaged in architectural design and architectural design review in accordance with construction laws, which have expired, may be extended under architectural laws provided that they meet continuous professional development requirements and the Code of Conduct specified in this Decree.

Article 34. Responsibility for Implementation

1. The Ministers, Heads of ministerial-level agencies, Heads of government agencies under the Prime Minister, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree.

2. The Ministry of Construction shall be responsible for organizing and guiding the implementation of this Decree within its functions and tasks.

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1 Decision No. 35/2023/NĐ-CP dated June 20, 2023 of the Government amending and supplementing certain articles of Decrees under the purview of the Ministry of Construction (hereinafter referred to as Decision No. 35/2023/NĐ-CP), which took effect from June 20, 2023, is based on the following grounds:

Pursuant to the Law on the Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Legislative Regulatory Documents issued on June 22, 2016; the Law Amending and Supplementing Certain Articles of the Law on Legislative Regulatory Documents issued on June 18, 2020;

Pursuant to the Urban Planning Law dated June 17, 2009;

Pursuant to the Law on Forensic Expertise dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Forensic Expertise dated June 10, 2020;

Pursuant to the Construction Law issued on June 18, 2014; the Law Amending and Supplementing Certain Articles of the Construction Law issued on June 28, 2020;

Pursuant to the Housing Law issued on November 25, 2014;

Pursuant to the Law on Real Estate Business dated November 25, 2014;

Pursuant to the Law on Architecture dated June 13, 2019;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to the Investment Law issued on June 17, 2020;

Pursuant to the Public-Private Partnership Investment Law dated June 18, 2020;

Pursuant to the Law Amending and Supplementing Certain Articles of 37 Laws Related to Planning issued on November 20, 2018;

Pursuant to the Law Amending and Supplementing Certain Articles of the Public Investment Law, the Public-Private Partnership Investment Law, the Investment Law, the Housing Law, the Bidding Law, the Electricity Law, the Enterprise Law, the Special Consumption Tax Law, and the Civil Enforcement Law issued on January 11, 2022;

At the proposal of the Minister of Construction;

2 This Clause has been amended and supplemented according to the provisions at point a, Clause 1, Article 3 of Decision No. 35/2023/NĐ-CP, effective from June 20, 2023.

3 This Clause has been added according to the provisions at point a, Clause 1, Article 3 of Decision No. 35/2023/NĐ-CP, effective from June 20, 2023.

4 This Clause has been added according to the provisions at point a, Clause 1, Article 3 of Decision No. 35/2023/NĐ-CP, effective from June 20, 2023.

5 This Clause has been added according to the provisions at point a, Clause 1, Article 3 of Decision No. 35/2023/NĐ-CP, effective from June 20, 2023.

6 This Clause has been added according to the provisions at point a, Clause 1, Article 3 of Decision No. 35/2023/NĐ-CP, effective from June 20, 2023.

7 This Clause has been amended and supplemented according to the provisions at point b, Clause 1, Article 3 of Decision No. 35/2023/NĐ-CP, effective from June 20, 2023.

8 This Point has been amended and supplemented according to the provisions at point a, Clause 2, Article 3 of Decision No. 35/2023/NĐ-CP, effective from June 20, 2023.

9 This Clause has been added according to the provisions at point b, Clause 2, Article 3 of Decision No. 35/2023/NĐ-CP, effective from June 20, 2023.

10 Article 17 of Decision No. 35/2023/NĐ-CP, effective from June 20, 2023, provides as follows:

"Article 17. Implementation Provisions

1. This Decree takes effect from the date of issuance.

11 Clause 1 of Article 16 of Decision No. 35/2023/NĐ-CP, effective from June 20, 2023, provides as follows:

"1. Transitional provisions for the contents amended and supplemented by Decision No. 85/2020/NĐ-CP

For cases where individuals have submitted applications for issuance or extension of architectural practice certificates before the effective date of this Decree but have not yet received the certificates, subsequent steps in the procedures and processes for issuing and extending architectural practice certificates shall be carried out in accordance with the provisions of this Decree."