Law on Architecture No. 40/2019/QH14

                                                                                            LAW

ON ARCHITECTURE

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law on Architecture.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the management of architecture, architectural practice; rights, obligations, and responsibilities of agencies, organizations, and individuals in architectural activities.

Article 2. Applicability

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

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Architecture is the art and science, technology of organizing space, creating sustainable living environments that meet human and societal needs.

2. Architectural activity includes architectural management and architectural practice.

3. Architectural design is the creation of architectural schemes, expression of architectural ideas, technical solutions in planning, construction, interior, exterior, and landscape architectural design documents.

4. Architectural works are one or a combination of works, components of works constructed according to architectural concepts or designs.

5. Architectural works of value are exemplary architectural works with significant architectural, historical, cultural, and artistic values approved by competent authorities.

6. Architectural practice is the professional activity of organizations and individuals providing architectural services.

Article 4. Principles of Architectural Activity

1. Compliance with this Law and other relevant legal provisions.

2. Consistency with the orientation for the development of Vietnamese architecture, urban planning, rural planning; meeting the requirements for sustainable economic and social development, ensuring national defense and security, protecting the environment, rational use of natural resources, adapting to climate change, and preventing and combating natural disasters.

3. Preservation, inheritance, and promotion of traditional architectural values, selective absorption of the finest elements of world architecture. Building a modern, advanced Vietnamese architecture imbued with the distinct cultural characteristics of the nation.

4. Application of high technology, advanced technology, and new technology suitable for Vietnam's practical conditions, ensuring economic efficiency, technical effectiveness, aesthetic appeal, and energy conservation and efficiency.

5. Ensuring the participation of agencies, organizations, communities, and individuals; harmonizing the interests of the state, community, and legitimate rights and interests of organizations and individuals.

Article 5. National Cultural Identity in Architecture

1. The national cultural identity in architecture comprises distinctive features, characteristics, and unique imprints of natural conditions, socio-economic conditions, culture, arts, customs and traditions of ethnic groups, construction techniques, and building materials, expressed in architectural works, forming a unique style of Vietnamese architecture.

2. Based on the distinctive cultural characteristics of the locality, the People's Committee of the province shall be responsible for organizing research, surveys, evaluations, and specifying the content and requirements regarding the national cultural identity in the architectural management regulations consistent with the administrative area.

3. Agencies, organizations, and individuals have the responsibility to protect, maintain, and promote the value of the national cultural identity in architecture.

Article 6. State policy in architectural activities

1. The State shall invest in the following activities:

a) Developing guidelines for the development of Vietnamese architecture;

b) Statistics, surveys, building databases on architectural activities; establishing technical standards and norms for architecture;

c) Designing architectural models that meet sustainability criteria, are environmentally friendly, adaptable to climate change and disaster prevention; using energy efficiently;

d) Promoting, disseminating, and educating laws related to architecture.

2. Within each period and within the budgetary capacity of the State, the State shall support investment in the following activities:

a) Building and upgrading material infrastructure and equipment for scientific and technological organizations serving research on policies and fundamental research in architecture;

b) Training and enhancing human resources in architecture; conducting scientific research, applying, and transferring advanced technology, new technology, and innovative technology in architecture;

c) Protecting, preserving, and restoring architectural works of value that have not been classified as historical and cultural relics;

d) Expanding and strengthening international cooperation in architecture;

đ) Exhibiting and promoting architecture.

3. The State encourages organizations and individuals to invest in the activities stipulated in Clause 1 and Clause 2 of this Article and the following activities:

a) Cooperation and collaboration in scientific research, application, transfer of technology, provision of technical services, and related activities in the field of architecture;

b) Socializing public services in the field of architecture;

c) Providing free advice on architecture for the benefit of society and the community.

Article 7. Vietnam Architecture Day

April 27th of each year is Vietnam Architecture Day.

Article 8. International Cooperation in Architecture

1. International cooperation in architecture with countries and territories shall be carried out on the basis of equality, mutual benefit, respect for independence, sovereignty, territorial integrity, and the laws of each party and international law.

2. Contents of international cooperation in architecture include:

a) Scientific research, application, transfer of technology, and information exchange on architecture;

b) Training and enhancing human resources in architecture;

c) Conducting architectural activities;

d) Mutual recognition of architectural practice.

Article 9. Prohibited Acts in Architectural Activities

1. Obstructing the management and practice of architecture.

2. Misusing architectural practice to negatively impact national defense, national security, national interests, ethnic interests, social order, living environment, and the lawful rights and interests of agencies, organizations, and individuals.

3. Offering or accepting bribes, engaging in illegal intermediary or facilitation activities in architectural activities.

4. Disclosing state secrets listed in the confidential document directory; disclosing business information provided by customers unless the customer consents in writing or otherwise prescribed by law.

5. Constructing architectural works that do not conform to approved architectural designs or construction permits by competent authorities.

6. Infringing intellectual property rights in architectural activities.

7. Providing false or misleading materials or data; preparing design documentation and construction that do not comply with national technical standards.

8. Fraud in licensing examinations, issuance, and use of architectural practice certificates.

9. Abusing or misusing positions, powers, or failing to fulfill responsibilities in architectural management.

Chapter II

ARCHITECTURAL MANAGEMENT

Article 10. Requirements for Architectural Management

1. Adhere to the principles of architectural operation as stipulated in Article 4 of this Law.

2. Ensure consistency in management from overall space to specific spaces of architectural works.

3. Ensure safety for people, architectural works, and concentrated residential areas from adverse impacts caused by nature or human activities.

4. Not have negative effects on natural scenery, historical and cultural relics, valuable architectural works, and ecological environment.

5. Ensure energy conservation and efficiency.

Article 11. Requirements for Urban Architecture and Rural Architecture

1. Urban architecture must meet the following requirements:

a) Harmonize with the overall space, architecture, and landscape of the construction area; connect existing architectural zones, new development zones, preservation zones, urban-rural border areas, and be consistent with natural landscapes;

b) The colors, materials, and exterior decorations of architectural works must ensure aesthetic appeal, not negatively impact vision, health, the environment, and traffic safety;

c) Residential architecture must harmoniously combine renovation with new construction, be suitable for natural conditions and climate, and integrate individual housing structures with the overall architectural layout of the area;

d) Public buildings and urban utility facilities along streets must meet aesthetic and functional requirements, ensuring safety for people and traffic vehicles;

đ) Signage, advertising, lighting, and urban decoration systems must comply with outdoor advertising standards and regulations, and be consistent with the overall urban architectural style;

e) Sculptures, fountains, and other decorative works must be designed to fit the landscape, meeting public usage and aesthetic requirements;

g) Transportation infrastructure must be designed in a coordinated manner, meeting usage, aesthetic, and urban characteristics requirements.

2. Rural architecture must meet the requirements specified in points a, b, c, and e of Clause 1 of this Article, and the following additional requirements:

a) Preserve traditional architectural values and ethnic cultural identity; prioritize the use of local building materials and advanced construction techniques;

b) Meet housing standards, living space, and cultural space criteria suitable for natural conditions, living customs, and ethnic traditions;

c) In areas prone to natural disasters, encourage the application of architectural design models for rural public buildings and housing that meet climate change adaptation and disaster prevention requirements.

Article 12. Architectural Design

1. The project investor of architectural works has the responsibility to organize the preparation of architectural design tasks and architectural designs.

2. Architectural design must be carried out by organizations or individuals who have the necessary qualifications as prescribed by this Law and related laws.

3. Architectural design must integrate architectural solutions with planning; comprehensively consider economic and social requirements, functionality, technical aspects, fire and explosion prevention, environmental protection, energy conservation and efficiency, ethnic cultural identity, and other requirements for the work; ensure accessibility and ease of use for persons with disabilities, the elderly, and children; ensure gender equality.

4. The architectural design dossier shall serve as the basis for subsequent construction design after being evaluated and accepted by the project investor.

5. The Minister of Construction shall provide detailed regulations on architectural design dossiers.

Article 13. Management of Architectural Works of Value

1. Architectural works of value that have been classified as historical and cultural relics shall be managed in accordance with the laws on cultural heritage.

2. Architectural works of value not covered by Clause 1 of this Article shall be reviewed and evaluated annually by the People's Committee of the province to establish a list of architectural works of value for management purposes.

3. The People's Committee of the province shall organize consultations with the provincial architectural advisory council, relevant organizations, and individuals during the process of establishing the list of architectural works of value as stipulated in Clause 2 of this Article before approval.

4. The owner and user of an architectural work included in the list of architectural works of value shall have the following rights and obligations:

a) Enjoy benefits from the protection, preservation, repair, and exploitation of the work;

b) Be considered by the State for financial support for the protection, preservation, and repair of the work;

c) Protect, preserve, and repair the architectural values of the work; ensure the safety of the work during its exploitation and use;

d) Not arbitrarily change the exterior form, structure, and surrounding area of the work;

đ) Report promptly to the local authorities when the work shows signs of deterioration in quality or has unsafe structures.

5. The Government shall specify detailed criteria for evaluating and classifying architectural works of value; procedures and formalities for establishing, reviewing, approving, and adjusting the list of architectural works of value.

Article 14. Regulations on Architectural Management

1. Regulations on architectural management shall be established for cities and rural residential areas under provinces and centrally-administered municipalities.

2. Regulations on architectural management must meet the following requirements:

a) Comply with Articles 10, 11, and 13 of this Law;

b) Comply with urban design approved by competent authorities and national technical standards and regulations;

c) Reflect the ethnic cultural identity and specific conditions of the locality.

3. Regulations on architectural management shall include the following contents:

a) Provisions on architectural management for the entire regulated area; architectural guidelines for specific zones and streets;

b) Define requirements for ethnic cultural identity in the architecture of the locality as prescribed in Clause 1 of Article 5 of this Law;

c) Identify areas requiring separate urban design, streets, and priority areas for renovation and implementation plans; areas with special management requirements;

d) Provisions on architectural management for residential buildings, public works, urban utility works, industrial works, technical infrastructure works, and works requiring architectural design competitions;

đ) Provisions on managing and protecting architectural works of value;

e) Responsibilities of agencies, organizations, and individuals in implementing the regulations on architectural management;

g) Diagrams, drawings, illustrative images;

h) Appendices listing architectural works of value.

4. The People's Committee of the province shall draft regulations on architectural management and submit them to the Provincial People's Council for approval before promulgation; for regulations on architectural management of special-class cities and first-class cities which are centrally-administered municipalities, they must also obtain the agreement of the Ministry of Construction.

5. The Government shall specify the content of regulations on architectural management; procedures and formalities for drafting, reviewing, soliciting opinions, announcing, and organizing the implementation of regulations on architectural management.

Article 15. Adjustment of Urban Planning Regulations

1. The People's Committee of the province shall examine, organize reviews, and evaluate the implementation process of urban planning regulations every five years or at any time to consider adjusting such regulations. The content of the review and evaluation of the implementation process of urban planning regulations shall be carried out in accordance with the provisions of the Government.

2. Conditions for adjusting urban planning regulations are stipulated as follows:

a) There are adjustments to urban planning, rural planning, urban design, and administrative boundary changes that affect the nature, function, and scale of the area where the urban planning regulations are established;

b) The formation of national key projects affecting the spatial architectural layout of the area where the urban planning regulations are established;

c) Urban planning regulations cannot be implemented or their implementation causes negative impacts on economic and social development, national defense, security, social welfare, ecological environment, and historical-cultural relics;

d) To serve national interests and public interests.

3. Principles for adjusting urban planning regulations are stipulated as follows:

a) Focus on necessary adjustments, while the unadjusted parts of the approved regulations retain their legal validity;

b) Adjustments must be based on analyzing and evaluating the current situation, clearly identifying adjustment requirements to align the content of the regulations with development needs.

4. The People's Committee of the province shall submit the adjustment of urban planning regulations to the Provincial People's Council for approval before making a decision to adjust; for urban planning regulations of special-class cities and first-class cities directly under the central government, there must be a consensus from the Ministry of Construction.

Article 16. Advisory Council on Architecture

1. The National Advisory Council on Architecture shall be established by the Prime Minister when necessary to advise the Prime Minister on architecture and the architecture of certain important construction projects.

2. The provincial Advisory Council on Architecture shall be established by the Chairman of the provincial People's Committee when necessary to advise the Chairman of the provincial People's Committee on architectural matters and the architecture of certain important construction projects and valuable architectural works within their jurisdiction.

3. Members of the Advisory Council on Architecture include representatives of state management agencies responsible for architecture and experts in fields related to architecture.

4. The Advisory Council and its members are responsible under the law and to the person who decides to establish the Council regarding the advisory content they provide.

5. Members of the Advisory Council on Architecture work on a part-time basis; the Council dissolves itself upon completion of its tasks.

Article 17. Architectural Design Competition

1. An architectural design competition is an organized contest to select the optimal architectural design that meets requirements for planning, architecture, culture, economic and social efficiency, national defense, security, and environmental protection.

2. Construction projects required to hold an architectural design competition include:

a) Public buildings of special class and first class;

b) Central railway stations and civil aviation airports at the provincial level; bridges in urban areas of second class or higher, urban railway stations of second class or higher; monuments, works representing the traditions, culture, and history of the locality; important and focal points in urban areas and on main roads as determined in urban planning and design projects and urban planning regulations approved by competent authorities.

3. The organization of an architectural design competition shall be proposed in the investment policy or preliminary feasibility report.

4. The authorized investment decision-maker shall decide on the form of the architectural design competition and the establishment of the Architectural Design Competition Advisory Board.

5. Costs for the architectural design competition shall be included in the total project investment.

6. Based on the winning architectural design, organizations and individuals with the winning design may proceed with subsequent project steps when they meet the conditions stipulated by laws on construction and bidding.

7. Information about the competition, the Architectural Design Competition Advisory Board, and the results of the contest must be publicly disclosed by the investor through mass media.

8. The Government shall provide detailed regulations on this matter.

Article 18. Management of Architectural Document Storage

State management agencies for architecture and project sponsors are responsible for storing architectural design documents. Consulting organizations, construction contractors, and construction management boards are responsible for storing work files according to the regulations on document storage and other relevant laws.

Chapter III

ARCHITECTURAL PRACTICE

Section 1

GENERAL PROVISIONS ON ARCHITECTURAL PRACTICE

Article 19. Architectural Services

1. Architectural services are a form of business service involving the organization of design and review of construction designs.

2. Architectural services include:

a) Building architectural design;

b) Urban planning and rural planning architectural design, urban design;

c) Landscape architectural design;

d) Interior architectural design;

đ) Technical characteristics guidance for building architectural design;

e) Evaluation of building architectural design;

g) Review of building architectural design.

Article 20. Social and Professional Organizations for Architectural Practice

Social and professional organizations for architectural practice shall be established and operate in accordance with this Law and other relevant laws.

Article 21. Conditions for Architectural Practice

1. Individuals assuming the role of lead architect designer or individuals responsible for professional architectural matters within architectural practice organizations, or architects practicing individually must hold an architectural practice certificate, except as provided for in Article 31 of this Law.

2. Individuals without an architectural practice certificate may participate in providing architectural services within an architectural practice organization or collaborate with individual architects.

3. Architectural practice organizations must meet the conditions stipulated in Article 33 of this Law.

Article 22. Professional Conduct Rules for Practicing Architects

1. The professional conduct rules for practicing architects must comply with legal provisions and include the following basic contents:

a) Principles of practice;

b) Competition in practice;

c) Ensuring gender equality;

d) Intellectual property rights;

đ) Professional conduct towards colleagues and clients.

2. The professional conduct rules for practicing architects apply to organizations and individuals engaged in architectural practice.

3. The Government shall specify the authority, procedures, and formalities for issuing professional conduct rules for practicing architects.

Article 23. Continuous Professional Development

1. Continuous professional development includes activities to update, maintain, enhance, and improve the knowledge and skills of practicing architects.

2. Social and professional organizations for architectural practice, research institutions, and architectural training institutions shall organize such activities as specified in Clause 1 of this Article and evaluate the continuous professional development of practicing architects.

3. The Government shall provide detailed regulations on this Article.

Article 24. Management of Architectural Practice Information

1. Within five working days from the date of issuance of the architectural practice certificate or receipt of notification from an architectural practice organization headquartered in the locality, the specialized agency under the provincial People's Committee must publicly post information about the organization and individuals engaged in architectural practice on its managed electronic website and send the information to the Ministry of Construction.

2. Within five working days from the date of receipt of information from the specialized agency under the provincial People's Committee, the Ministry of Construction must publicly post information about the organization and individuals engaged in architectural practice on the Ministry's electronic portal.

Section 2

INDIVIDUAL ARCHITECTURAL PRACTICE

Article 25. Practicing as an individual architect

1. An individual architect is an architect who holds an architectural practice certificate and does not belong to an architectural practice organization, performing architectural services in their own name.

2. An individual architect performs architectural services according to contracts concluded with organizations or individuals in accordance with this Law and other relevant laws.

Article 26. Examination for issuance of architectural practice certificates

1. Professional social organizations in architectural practice, research institutions, and architectural training institutions organize the examination for issuance of architectural practice certificates.

2. The examination for issuance of architectural practice certificates includes the following contents:

a) Professional experience in architecture;

b) Knowledge of laws related to the field of practice;

c) Specialized knowledge in architecture;

d) Knowledge about the Code of Conduct for practicing architects.

3. Professional social organizations in architectural practice, research institutions, and architectural training institutions are recognized as having the conditions to conduct examinations for issuance of architectural practice certificates when meeting the following requirements:

a) Established in accordance with the provisions of the law;

b) Engaged in activities related to architectural activities;

c) Possessing sufficient human resources and facilities to organize examinations.

4. The Government shall provide detailed regulations on the program, content, and form of organizing examinations; the validity period of examination results; and the conditions for conducting examinations for issuance of architectural practice certificates for professional social organizations in architectural practice, research institutions, and architectural training institutions.

Article 27. Authority to issue, extend, revoke, and reissue architectural practice certificates; validity period of architectural practice certificates

1. The specialized agency on architecture under the provincial People's Committee has the authority to issue, extend, revoke, and reissue architectural practice certificates.

2. An architectural practice certificate has a validity period of 10 years and is valid throughout the country.

3. The Minister of Construction shall specify the format of the architectural practice certificate.

Article 28. Conditions for issuing and extending architectural practice certificates

1. The conditions for issuing an architectural practice certificate are stipulated as follows:

a) Having a bachelor’s degree or higher in the field of architecture;

b) Having at least three years of experience participating in providing architectural services at an architectural practice organization or collaborating with individual practicing architects;

c) Meeting the requirements of the examination for issuance of an architectural practice certificate.

2. The conditions for extending an architectural practice certificate are stipulated as follows:

a) The architectural practice certificate has expired;

b) Ensuring continuous professional development;

c) Not violating the Code of Conduct for practicing architects.

3. Individuals who have continuously participated in state management in architecture, teaching at the bachelor’s level or higher in the field of architecture, or practicing architecture for at least ten years are exempt from the condition specified in point c, Clause 1 of this Article.

4. Individuals who have won national architecture awards or international architecture awards are exempt from the condition specified in point b, Clause 1 of this Article.

Article 29. Issuance and Renewal of Architect Practice Certificate

1. Individuals applying for issuance or renewal of an architect practice certificate shall submit one set of application documents directly, online, or via postal service to the specialized agency on architecture under the provincial People's Committee.

2. The specialized agency on architecture under the provincial People's Committee shall establish a Council for the issuance and renewal of architect practice certificates. The Council shall consist of representatives from the specialized agency on architecture under the provincial People's Committee, social-professional organizations related to architectural practice or research institutions, training institutions on architecture, and architectural experts.

3. The Council and its members shall be responsible under the law and before the decision-making authority regarding the advisory contents they provide.

4. Members of the Council for the issuance and renewal of architect practice certificates shall work on a part-time basis; the Council shall dissolve itself upon completion of its tasks.

5. The Government shall specify the application dossier, procedures, and formalities for the issuance and renewal of architect practice certificates.

Article 30. Revocation and Reissuance of Architect Practice Certificate

1. The architect practice certificate shall be revoked in the following cases:

a) No longer meeting the conditions for issuance or renewal of an architect practice certificate as stipulated in Article 28 of this Law;

b) Fraud in the application dossier for issuance, reissuance, or renewal of an architect practice certificate;

c) Serious violation of the Code of Professional Conduct for practicing architects;

d) Professional technical errors in architectural practice causing serious consequences as concluded by competent state agencies;

đ) Being prohibited from practicing or engaging in related architectural activities according to a court judgment or decision with legal effect.

2. An architect practice certificate shall be reissued in the following cases:

a) The architect practice certificate is lost or damaged;

b) There is a change in personal information recorded in the architect practice certificate.

3. In cases of revocation, the architect practice certificate may only be reissued twelve months after the date of revocation for cases specified in points c and d of Clause 1 of this Article, or twelve months after the end of the prohibition period for practicing or engaging in related architectural activities for cases specified in point đ of Clause 1 of this Article, provided that the conditions stipulated in Clause 1 of Article 28 of this Law are met.

4. The Government shall specify the application dossier, procedures, and formalities for the revocation and reissuance of architect practice certificates.

Article 31. Architectural Practice by Foreign Nationals in Vietnam

1. Foreign nationals may engage in architectural practice in Vietnam if they meet the following conditions:

a) Possessing an architect practice certificate issued in Vietnam or having an architect practice certificate validly issued by a competent authority of a foreign country and recognized or converted by Vietnam;

b) Adhering to Vietnamese laws and the Code of Professional Conduct for practicing architects in Vietnam.

2. Recognition and conversion of architect practice certificates shall be regulated as follows:

a) A foreign national who has a valid architect practice certificate issued by a competent authority of a foreign country and participates in architectural services in Vietnam for less than six months shall go through the recognition procedure for the architect practice certificate, and for six months or more, shall go through the conversion procedure for the architect practice certificate at the specialized agency on architecture under the provincial People's Committee;

b) Recognition and conversion of architect practice certificates between Vietnam and other countries or territories shall be carried out in accordance with international agreements or treaties to which the Socialist Republic of Vietnam is a party.

3. The Government shall specify the method for determining the time spent participating in architectural services in Vietnam; specify the application dossier, procedures, and formalities for the recognition and conversion of architect practice certificates for foreign nationals practicing architecture in Vietnam.

Article 32. Rights and Obligations of Architects with Professional Qualification Certificates

1. Architects with professional qualification certificates have the following rights:

a) To provide architectural services;

b) To be protected under intellectual property laws for their intellectual property rights;

c) To request project owners to provide information and documents related to assigned architectural design tasks;

d) To require project owners and construction contractors to strictly adhere to approved architectural designs;

đ) To refuse to comply with unlawful requests from project owners;

e) To refuse to accept projects or project components that do not conform to approved architectural designs or technical standards and regulations;

g) To request project owners to fulfill contracts properly.

2. Architects with professional qualification certificates have the following obligations:

a) To abide by the Code of Conduct for Practicing Architects;

b) To continuously develop their profession;

c) To supervise authors during the construction process;

d) To fulfill commitments made to project owners according to contracts.

Section 3

ARCHITECTURAL PRACTICE OF ORGANIZATIONS

Article 33. Conditions for Operation and Organizational Forms of Architectural Practice

1. The conditions for operation of organizations engaged in architectural practice are stipulated as follows:

a) Established in accordance with the provisions of the law;

b) Having individuals responsible for professional architectural matters or leading architectural design with professional qualification certificates;

c) To notify the provincial competent authority on architecture of the information specified in points a and b of this clause where the organization's main office is located.

2. Organizations engaged in architectural practice include architectural offices, public institutions, and other enterprises established and operating in accordance with this Law, the Enterprise Law, and other relevant laws.

3. An architectural office is established by an architect with a professional qualification certificate and operates as a business entity.

Article 34. Rights and Obligations of Organizations Engaged in Architectural Practice

1. Organizations engaged in architectural practice have the following rights:

a) To provide architectural services;

b) To be protected under intellectual property laws for their intellectual property rights;

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

d) To require project owners and construction contractors to strictly adhere to approved architectural designs;

đ) To refuse to comply with unlawful requests from project owners, requests outside the scope of architectural design tasks and contracts, and unreasonable changes to architectural designs that do not meet technical standards and regulations;

e) To refuse to accept projects or project components that do not conform to approved architectural designs.

2. Organizations engaged in architectural practice have the following obligations:

a) To operate within the scope of registered industries and professions;

b) To fulfill contracts concluded with clients in accordance with the law;

c) To purchase professional liability insurance as prescribed by law;

d) To be liable for the quality of work performed according to contracts, and to compensate for damages as prescribed by law when using inappropriate information, documents, standards, technical solutions, or management practices that violate contracts and cause damage.

Article 35. Supervision of Authors

1. Organizations engaged in architectural practice and individual architects practicing have the responsibility to supervise authors during the construction process.

2. Subjects conducting author supervision have the following rights:

a) To require project owners and construction contractors to strictly adhere to approved architectural designs;

b) To directly or authorize individuals or organizations with professional qualification certificates to supervise authors according to contracts and legal provisions;

c) To notify and suspend author supervision if the construction period exceeds the construction period stipulated in the contract, except in cases of mutual agreement;

d) To refuse unreasonable requests to modify architectural designs from project owners;

đ) To refuse to sign completion acceptance records when construction does not conform to approved architectural designs.

3. Subjects conducting author supervision have the following obligations:

a) To participate in final acceptance inspections of completed works in accordance with the law and contracts with project owners;

b) To make unreasonable modifications to architectural designs at the request of project owners;

c) To notify project owners and local state authorities on architecture to handle situations where construction does not conform to approved architectural designs.

Chapter IV

STATE MANAGEMENT IN ARCHITECTURE

Article 36. Content of State Management on Architecture

1. Issuing, submitting to competent authorities for issuance, and organizing the implementation of regulatory legal documents on architectural activities.

2. Developing and organizing the implementation of orientation for the development of Vietnamese architecture, strategies, programs, projects, plans within architectural activities.

3. Organizing and uniformly managing urban and rural architecture; managing architectural practice.

4. Issuing, renewing, revoking, and reissuing architectural practice certificates.

5. Developing and issuing technical standards and norms on architecture.

6. Organizing and managing scientific research and technology application activities in architecture; training and enhancing human resources for architectural activities.

7. Propagating, disseminating, and educating laws on architectural activities.

8. International cooperation on architecture.

9. Building, managing archives, databases, and providing information to serve architectural activities.

10. Guiding, inspecting, and supervising the implementation of laws on architecture; resolving complaints, accusations, rewarding, and handling violations of laws in architectural activities.

Article 37. Responsibilities of the Government, Ministries, and Equivalent Ministries

1. The Government shall uniformly manage state administration on architecture throughout the country.

2. The Ministry of Construction is the lead agency assisting the Government in implementing state management over architectural activities nationwide and shall have the following responsibilities:

a) Developing and submitting to the Prime Minister for approval the orientation for the development of Vietnamese architecture;

b) Issuing according to its authority or submitting to competent authorities for issuance and organizing the implementation of policies, regulatory legal documents, technical standards, and norms on architecture;

c) Organizing and managing architectural activities in project management, project appraisal, and construction design;

d) Guiding, inspecting, and supervising the implementation of laws on architecture;

đ) Resolving complaints, accusations, rewarding, and handling violations in architectural activities;

e) Organizing and managing scientific research and technology application activities in architecture; propagating, disseminating, and educating laws on architecture;

g) Organizing professional and vocational training in architectural activities;

h) Coordinating with ministries, equivalent ministries, and provincial People's Committees to inspect and evaluate the quality of architecture in construction investment projects;

i) Issuing architectural design models for public works and rural housing that meet requirements for adaptation to climate change and disaster prevention;

k) Building a database on architecture and architectural practice nationwide; managing and providing information to serve architectural activities;

l) International cooperation on architecture.

3. Ministries and equivalent ministries, within their respective tasks and powers, shall have the responsibility to coordinate with the Ministry of Construction in performing state management tasks over architectural activities.

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

1. Provincial People's Committees, within their respective tasks and powers, shall have the following responsibilities:

a) Implementing state management over architectural activities in accordance with this Law and the delegation of the Government; issuing documents according to their authority; organizing guidance, inspection, supervision, and handling of law violations in architectural activities;

b) Implementing and coordinating with ministries and equivalent ministries to organize the implementation, monitor, inspect, and supervise the quality of architecture in construction investment projects;

c) Organizing professional and vocational training in architecture for staff and civil servants of subordinate agencies and units according to the delegation;

d) Building a database on architecture and architectural practice within their jurisdiction; managing and providing information to serve architectural activities;

đ) Annually reporting to the Ministry of Construction on the situation of state management over architectural activities;

2. District People's Committees and Commune People's Committees, within their respective tasks and powers, shall have the following responsibilities:

a) Implementing state management over architectural activities within their jurisdiction in accordance with the law;

b) Organizing professional and vocational training in architecture for staff and civil servants of subordinate agencies and units according to the delegation.

Chapter V

IMPLEMENTING PROVISIONS

Article 39. Amending and supplementing certain articles of laws related to architectural activities

1. Amending and supplementing certain articles of the Construction Law No. 50/2014/QH13 which has been amended and supplemented by Laws No. 03/2016/QH14 and No. 35/2018/QH14 as follows:

a) Amending and supplementing Clause 1 of Article 91 as follows:

"1. In accordance with the detailed urban planning construction plan approved by the competent state authority. For construction projects in stable urban areas but without detailed urban planning construction plans or urban design, they must comply with the architectural management regulations issued by the competent state authority.";

b) Amending and supplementing Point a of Clause 1 of Article 93 as follows:

"a) In accordance with the land use purpose according to the approved land use plan and the architectural management regulations issued by the competent state authority;";

c) Supplementing Clause 4a following Clause 4 of Article 148 as follows:

"4a. Organizations and individuals practicing architecture shall comply with the provisions of the law on architecture.";

d) Supplementing Clause 4 following Clause 3 of Article 149 as follows:

"4. The professional practice certificate for architecture shall be implemented in accordance with the provisions of the law on architecture.";

đ) Repealing Article 81.

2. Amending and supplementing certain articles of the Urban Planning Law No. 30/2009/QH12 which has been amended and supplemented by Laws No. 77/2015/QH13 and No. 35/2018/QH14 as follows:

a) Amending and supplementing Clause 1 of Article 69 as follows:

"1. Organizations and individuals implementing new construction, renovation, and repair of architectural works, technical infrastructure works, social infrastructure works, and housing must comply with the approved detailed urban planning, architectural management regulations, and the provisions of the law on construction.";

b) Amending and supplementing Clause 6 of Article 72 as follows:

"6. The project investor specified in the investment decision is responsible for managing the technical infrastructure system, space, and architecture according to the approved urban planning and architectural management regulations within the scope of the project implementation area, except where management is transferred to the People's Committee.";

c) Repealing Article 60.

3. Replacing phrases in the following laws:

a) Replacing the phrase "urban planning and architectural management regulations" with the phrase "architectural management regulations" in Clause 2 of Article 93 of the Construction Law No. 50/2014/QH13 which has been amended and supplemented by Laws No. 03/2016/QH14 and No. 35/2018/QH14;

b) Replacing the phrase "urban planning and architectural management regulations" with the phrase "architectural management regulations" in Clause 2 of Article 20 of the Housing Law No. 65/2014/QH13;

c) Replacing the phrase "urban planning and architectural management regulations" with the phrase "architectural management regulations" in Article 5, Point e of Clause 3 of Article 12, Clause 3 of Article 13, and Clause 1 of Article 52 of the Urban Planning Law No. 30/2009/QH12 which has been amended and supplemented by Laws No. 77/2015/QH13 and No. 35/2018/QH14.

4. Removing the phrase "or selected" in Point d of Clause 1 of Article 22 of the Bidding Law No. 43/2013/QH13 which has been amended and supplemented by Laws No. 03/2016/QH14 and No. 04/2017/QH14.

Article 40. Effective Date

This Law takes effect from July 1, 2020.

Article 41. Transitional Provisions

1. Urban planning and architectural management regulations approved according to the Urban Planning Law before this Law takes effect shall continue to be implemented until December 31, 2021.

2. Architectural design competitions for construction projects approved under the Construction Law prior to this Law taking effect shall continue to be implemented until December 31, 2021.

3. Professional practice certificates for construction activities issued to individuals engaged in architectural design of construction projects and review of architectural design of construction projects according to the construction law shall remain valid until their expiration date, except as provided in Clause 4 of this Article.

4. Professional practice certificates for construction activities issued to individuals engaged in architectural design of construction projects and review of architectural design of construction projects that expire during the period from July 1, 2020 to December 31, 2020 may continue to be used until December 31, 2020; if lost or damaged, they shall be reissued in accordance with the construction law.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 7th session of the 14th term, on June 13, 2019.No.Nguyen Thi Kim Ngan