Decree No. 85/2020/ND-CP detailing some provisions of the Architecture Law

DECREE

Detailed Provisions on Certain Articles of the Architecture Law

||| 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;

The Government promulgates this Decree to provide detailed provisions on certain articles of the Architecture Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed provisions on the contents assigned under 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 professional practice certificates for architects; issuance, extension, revocation, and reissuance of professional 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

PROVISIONS ON ARCHITECTURAL MANAGEMENT

Section 1

ARCHITECTURAL WORKS OF VALUE

Article 3. Criteria for evaluating architectural works of value

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

a) Representative of a type or style of architecture;

b) Artistic 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, and 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 distinctive cultural characteristics of the locality;

c) Construction date and lifespan of the work.

3. A scoring table for evaluating architectural works of value is prescribed in Appendix I 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 both criteria on artistic and landscape values and criteria on historical and cultural values; the criteria on artistic and landscape values must reach 80 points or more. Type II when meeting both 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 lists of architectural works of value

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

2. Establishing lists of architectural works of value:

a) The agency responsible for establishing the list of architectural works of value shall take the lead and coordinate with cultural specialized agencies under the Provincial People's Committee or District People's Committees to review and evaluate 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 written requests along with documentation of the architectural works to the specialized agency under the Provincial People's Committee for review and evaluation.

c) Documentation of architectural works includes information about the history and assessment of the value of the work; current and historical images of the architectural 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) Documentation of the list of architectural works of value includes: draft report; list of architectural works of value and accompanying appendices; explanations of proposed contents in the list; documentation of each architectural work and related documents; proposals for management, protection, and promotion of the 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 related organizations and individuals.

3. Reviewing lists of architectural works of value:

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

b) The Review Board for lists of architectural works of value evaluates according to the criteria for assessment 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 feedback, 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 lists of architectural works of value is 20 days from the date of receiving complete and valid documentation, and the maximum time for approving lists of architectural works of value is 15 days from the date of receiving complete and finalized documentation according to the review results.

6. Adjusting lists of architectural works of value:

a) The agency responsible for establishing the list of architectural works of value reviews and evaluates architectural works of value in their jurisdiction annually, reports to the Provincial People's Committee to decide on adjustments to the list of architectural works of value in accordance with actual conditions.

b) The contents that need to be adjusted in the list of architectural works of value must be solicited for opinions, reviewed, and approved according to the procedures and timeframes specified in Point đ Clause 1, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article; the unadjusted contents of the approved list shall retain their legal validity.

Section 2

REGULATIONS ON ARCHITECTURAL MANAGEMENT

Article 6. Procedures for drafting, reviewing, and promulgating architectural management regulations

1. Drafting architectural management regulations.

2. Reviewing architectural management regulations.

3. Approving and promulgating architectural management regulations.

4. Announcing architectural management regulations.

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

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

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

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

Article 8. Drafting architectural management regulations

1. The provincial People's Committee may delegate or authorize the specialized agency on architecture 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 conditions, conduct field surveys; collect maps, documents, data on natural conditions, types of disasters frequently occurring in the area, urban planning and design (if any), and related legal bases 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 period for soliciting opinions is 15 days for agencies, 30 days for organizations, individuals, and community residents.

3. Files for submission for review of architectural management regulations include:

a) Memorandum;

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

c) Explanation of the 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 approval of architectural management regulations.

Article 9. Reviewing, approving, and promulgating architectural management regulations

1. Contents for review include:

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

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

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

2. The specialized agency on architecture under the provincial People's Committee is responsible for organizing the review of architectural management regulations. During the review process, the reviewing agency is responsible for soliciting written opinions from relevant agencies and organizations; establishing a review board to conduct the review and prepare a review report. Agencies requested to provide comments are responsible for responding in writing within no more than 15 days from the date of receipt of the request.

3. The review report must clearly reflect the opinion of the Review Board on the review contents specified in Clause 1 of this Article and conclusions on whether the regulation meets the conditions for submission for approval or not.

4. Files for submission for approval and promulgation include the files for submission for review of architectural management regulations that have been revised and completed based on the review opinions; a report explaining and incorporating review opinions accompanied by the review report.

5. For architectural management regulations for rural residential areas, the provincial People's Committee may delegate or authorize the district People's Committee to approve and promulgate them.

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 no later than fifteen 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 website of the Provincial People's Committee or the agency drafting the architectural management regulations;

b) Announcing through mass media;

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

d) Publishing printed materials.

Article 12. Contents 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 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, architectural, and landscape control throughout the city;

d) Identification of areas requiring separate urban design plans; 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; priority renovation areas 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 management of residential buildings, public facilities, urban service facilities, industrial facilities, technical infrastructure;

đ) Provisions on management and protection of architectural works of value;

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) Characteristic architectural forms; traditional construction techniques and material usage of the locality;

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 of 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-commune roads, main streets, village-to-village roads, conservation area landscapes; concentrated village areas, development areas along roads, rivers, water surfaces;

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

f) Provisions for housing construction: carried out according to the standards set forth in the approved rural construction master plan;

g) Provisions as stipulated in points d, 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 for guiding the establishment of the architectural management regulation for rural residential areas is specified 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 has the responsibility to review and evaluate the implementation process of the architectural management regulation 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 approved and promulgated architectural management regulation.

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

d) Recommendations and proposals.

4. Documentation for the report on reviewing the architectural management regulation includes: Written report, appropriate scale color drawings, relevant legal documents.

Article 15. Measures for Organizing the Implementation of Architectural Management Regulations

1. Measures for organizing the implementation of architectural management regulations include:

a) Issuing documents and plans for implementing the regulation;

b) Promoting and disseminating information about the 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;

e) Ensuring human resources, material infrastructure, and funding for drafting and implementing the regulation.

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

3. Funding for drafting and implementing architectural management regulations:

a) Funding for drafting and implementing architectural management regulations from the state budget is implemented in accordance with the State Budget Law and current guiding documents.

b) The Ministry of Construction announces the method for determining costs for drafting and implementing architectural management regulations.

c) People's Committees at all levels are responsible for balancing local government budget funds annually to implement drafting and implementing architectural management regulations in their locality.

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

e) In cases where consulting units are hired to draft architectural management regulations, it must comply with laws on bidding and related laws.

Section 3

ARCHITECTURAL DESIGN COMPETITION

Article 16. Forms of Competitive Bidding

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

2. Restricted competitive bidding is a form of 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 design project being bid.

Article 17. Requirements for Organizing Competitive Bidding

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

2. Establish an Architectural Design Competition Committee.

3. The investment decision maker, the investor, or the agency or organization entrusted with the task of organizing the competition (referred to as the competition organizing unit) shall establish a Technical Team to assist the Architectural Design Competition Committee.

4. Information about the competition, the Architectural Design Competition Committee, and the results of the competition must be publicly posted by the competition organizing unit on one or more mass media or government websites related to architecture at the central and local levels where the competition is held for a minimum period of thirty days.

Article 18. Organization of Competitive Bidding

1. Preparatory work before organizing the competition:

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

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

c) Establishing the Architectural Design Competition Committee and the Technical Team.

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

3. The competition rules include the following basic contents:

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

b) Regulations on participation conditions; criteria, content, and procedures for organizing the competition; time and location of the competition; submission forms; validity of submission forms;

c) Composition of the Architectural Design Competition Committee and basic information about the professional 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 scheme competition); regulations on rounds; situations ending a round without an optimal scheme; principles for calculating design fees for projects.

4. Submission forms include descriptions, architectural drawings, technical solutions, and films, photos, models (if any), and financial proposals. The forms must be uniformly specified regarding language (Vietnamese or bilingual), measurement units, currency units, and anonymity rules, not displaying the names or symbols of consulting firms or authors on drawings or descriptions.

Article 19. Architectural Design Competition Committee

1. The Architectural Design Competition Committee evaluates and ranks the submitted schemes, assisting the investor in selecting the optimal architectural scheme that meets the requirements of planning, architecture, culture, economic and social efficiency, national defense, security, and environmental protection for designing and constructing the project.

2. Composition of the Council:

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

b) It includes one Chairperson and members.

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

d) The Chairperson must be an experienced specialist who has designed many constructed buildings and has professional reputation in the field of architecture. The Chairperson is elected by the Committee or invited by the investor.

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

3. Principles of Operation of the Committee:

a) The Committee operates according to the Rules established by the Committee (hereinafter referred to as the Committee Rules). The Committee Rules reflect the principles, methods of evaluation, ranking criteria for submitted schemes; working system and duties, rights, and responsibilities of the Committee. The Committee Rules must be agreed upon by all members. The Chairperson approves the Committee Rules on behalf of the Committee.

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

c) The Chairperson, members, and secretary shall not disclose or provide to other organizations or individuals outside the Competition Committee information about the discussion content or conclusions of the Competition Committee during the evaluation and ranking process.

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

4. Responsibilities of the Committee:

a) The Chairperson directs the establishment of the Committee Rules; presides over the entire duration of the Committee's operations.

b) Committee members comply with the Committee's operating 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 Announcing 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 there is no entry that meets 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 publicly disclose 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 designs.

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

1. Architectural designs participating in the competition shall be protected under the law on intellectual property rights.

2. Organizations or individuals whose architectural designs 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 consulting organizations that have the required qualifications to carry out these steps.

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

4. Obligations of the competition organizing unit:

a) Implement the competition regulations as 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 PRACTICE OF ARCHITECTURE

Section 1

PROFESSIONAL CONDUCT 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 organize the establishment and issuance of 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 information access.

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, legal training; conferences, seminars, roundtables, forums; survey and study tour programs on architecture and related fields; writing books, articles in specialized architecture books, newspapers, magazines; presenting papers at conferences and seminars on architecture; enrolling in postgraduate courses and specialized training courses on architecture; teaching at universities and postgraduate levels; researching and inventing scientific achievements in the field of architecture that are recognized; winning national architecture awards.

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

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

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

b) Confirming in writing, according to the model prescribed in Appendix V issued together with this Decree, the participation in continuous professional development activities of individuals, serving as the 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 proof of 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 accumulating a minimum of 04 points of continuous professional development annually. 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 their continuous professional development to the following year. Those who fail to meet the required level must complete the missing results in the following year.

5. The Vietnam Association of Architects shall establish and issue detailed point calculation methods 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, APPLICATION FILE, PROCEDURES FOR ISSUANCE, EXTENSION, REVOCATION, AND REISSUANCE OF ARCHITECTURAL PRACTICE CERTIFICATE

Article 25. Examination Program, Content, and Form for Issuance of Architectural Practice Certificate

1. The Vietnam Association of Architects shall establish and issue 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 comply 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. Examination form for issuance of architectural practice certificate:

a) Individuals applying for the first issuance of an architectural practice certificate shall take the examination in a multiple-choice format and oral questioning. Oral questioning shall be conducted immediately after the announcement of the multiple-choice examination results, wherein the examinee must draw and answer a maximum of 04 questions, each concerning knowledge and understanding applicable to architectural practice consistent with the examination question set stipulated in Clause 2 of this Article;

b) Individuals applying for reissuance or extension of an architectural practice certificate shall take the examination in a multiple-choice format.

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

5. Examinations shall be organized regularly every six months or on an ad hoc basis based on actual needs at examination venues meeting the prescribed conditions. If an examination cannot be organized, individuals registered for the examination must be notified once in writing within 15 days from the date of receipt of the registration form.

6. Individuals wishing to register for the 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 their online education diploma, sent via postal service or submitted directly to the examination organization issuing the architectural practice certificate.

7. Organizations and agencies organizing examinations for issuance of architectural practice certificates shall be responsible for:

a) Announcing examination results to participants within 15 days from the date of the examination for issuance of the architectural practice certificate;

b) Issuing a certificate of examination results for individuals who meet the examination requirements.

8. The validity period of examination results is a maximum of 12 months from the date of issuance of the certificate of examination results. In case of loss of the certificate of examination results for issuance of the architectural practice certificate, a request must be made for reissue upon review.

Article 26. Conditions for conducting examinations for professional organizations in architecture, research institutions, and architectural training institutions

1. Professional organizations in architecture, research institutions, and architectural training institutions recognized as meeting the conditions to conduct examinations must satisfy the following requirements:

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

b) Having a decision recognizing the organization's eligibility to conduct examinations;

c) Meeting the material conditions for conducting examinations to issue practice certificates in architecture as specified in Appendix IV issued together with this Decree;

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

2. The application dossier for recognition of eligibility to organize examinations includes:

a) An application form for recognition of eligibility to conduct examinations sent to the Ministry of Construction according to the model prescribed in Appendix III issued together with this Decree;

b) A detailed explanation of the ability to meet the requirements stipulated in Clause 3 of Article 26 of the Law on Architecture;

c) A certified copy or a file containing a color photograph taken from the original or a certified 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 receiving a complete and valid application dossier, the Ministry of Construction will examine and issue a Decision recognizing the organization's eligibility to issue practice certificates. The recognition decision will be sent to the professional organizations in architecture, research institutions, and architectural training institutions at the bachelor level or higher, and published on the Ministry of Construction’s electronic information website within five days from the date of issuing the Decision.

Article 27. Application Dossier for Issuing, Reissuing, and Extending Practice Certificates in Architecture

1. The application dossier for issuing a practice certificate in architecture includes:

a) An application form for issuing a practice certificate according to the model prescribed in Appendix III issued together with this Decree, accompanied by two color photographs measuring 4 x 6 cm with a white background of the applicant taken within six months;

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

c) Decisions assigning tasks (task assignments) of the organization to the individual or a confirmation document from the legal representative of the investor regarding outstanding works completed by the individual as declared. The person signing the confirmation is responsible for the truthfulness of the confirmed content. In cases where the individual practices independently, there must be contracts and acceptance records of outstanding works declared;

d) Legal documents on residence or work permit issued by the competent authority of Vietnam for individuals who are foreigners;

đ) Examination results that still meet the requirements and are valid;

e) Documents under points b, c, d, and đ of this clause must be certified copies or files containing color photographs taken from the original or certified copies, presenting the original for verification.

2. The application dossier for extending a practice certificate in architecture includes:

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

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

c) A certified copy or a file containing a color photograph taken from the original or a certified copy, presenting the original for verification of the previously issued practice certificate.

3. The application dossier for reissuing a practice certificate in architecture includes:

a) An application form for issuing a practice certificate according to the model prescribed in Appendix III issued together with this Decree, accompanied by two color photographs measuring 4 x 6 cm with a white background of the applicant taken within six months;

b) A certified copy or a file containing a color photograph taken from the original or a certified copy, presenting the original for verification of the previously issued practice certificate and documents proving the information to be changed.

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

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

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

b) From the date of receiving complete and valid files, the competent authority shall issue the professional practice certificate for architecture within fifteen days for the issuance case; five days for the reissuance case; and ten days for the extension case. In cases where the files are incomplete or invalid, the competent authority issuing the professional practice certificate must notify the individual applying for the certificate once in writing within five days from the date of receipt of the application file;

c) Individuals must pay the fee when submitting the application file for the issuance, reissuance, or extension of the professional practice certificate for architecture. The collection, payment, management, and use of the fees for the issuance of the professional practice certificate shall be carried out in accordance with the regulations of the Ministry of Finance.

2. For cases of revoking the professional practice certificate for architecture:

a) Within ten days from the date of receiving the inspection conclusion, which includes a recommendation to revoke the professional practice certificate or when discovering or having grounds to determine one of the cases 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 shall issue a decision to revoke the certificate and publish it on its website, while simultaneously sending information to integrate onto 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; at the same time, send information to integrate onto 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 issuing authority, the competent authority revoking the professional practice certificate shall have 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 Participating in Architectural Services in Vietnam

The time participating in architectural services in Vietnam is calculated based on legal residence documents or Work Permits and Labor Contracts issued by Vietnamese competent authorities for foreign individuals.

Article 30. Documents for Recognizing and Converting Foreigners' Architectural Professional Practice Certificates for Practicing Architecture in Vietnam

The application files for recognizing and converting foreigners' architectural professional practice certificates in Vietnam include:

1. An application form for recognition and conversion of 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 of the date of application;

2. A certified copy of the educational diploma and professional practice certificate issued by foreign organizations, translated into Vietnamese and notarized in accordance with Vietnamese law;

3. A certified copy or a digital file containing a color photograph of the original or certified copy, presenting the original for verification of legal residence documents or work permits issued by Vietnamese competent authorities as prescribed.

Article 31. Procedures and formalities for recognizing and converting foreign architects' practice certificates to practice architecture in Vietnam

1. Individuals submit one set of application files for recognition and conversion of practice certificates in accordance with Article 30 of this Decree through online networks, postal services, or directly at the competent authority issuing the practice certificate.

2. From the date of receiving complete and valid files, the competent authority shall be responsible for recognizing and converting the architectural practice certificate within ten days. In cases where the files are incomplete or invalid, the competent authority issuing the practice certificate must notify the individual applying for the practice certificate once in writing within five days from the date of receipt of the application file.

3. The duration of practicing architecture in the recognition and conversion certificate of foreign architects practicing architecture in Vietnam is determined according to the validity period of the practice certificate issued by foreign authorities or organizations.

4. Individuals must pay fees when submitting application files for recognition and conversion of practice certificates. The collection, payment, management, and utilization of fees for issuing practice certificates shall be carried out in accordance with the regulations of the Ministry of Finance.

Chapter IV

IMPLEMENTING PROVISIONS

Article 32. Effectiveness

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

Article 33. Transitional Provisions

Practice certificates for construction activities issued to individuals performing architectural design and reviewing architectural designs of construction projects in accordance with laws on construction, which have expired, may be extended under laws on architecture if they meet the continuous professional development requirements and the Code of Professional Conduct stipulated in this Decree.

Article 34. Responsibility for Implementation

1. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree.

2. The Ministry of Construction, within its functions and tasks, is responsible for organizing and guiding the implementation of this Decree./.