Decision No. 91-BXD/ĐT On the issuance of the Architect Practice Regulations

Pursuant to …;

Regarding the issuance of the Architect Practice Regulation

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government stipulating the tasks, powers, and responsibilities for state management by Ministries and ministerial-level agencies;

To implement Directive No. 171/TTg dated December 16, 1992 of the Prime Minister assigning the Ministry of Construction to issue practice licenses, determine the scale and scope of practice for enterprises in accordance with their technical capacity, equipment, and capital in surveying, design, construction, and installation sectors;

Upon the proposal of the Director of the Department of State Management - Urban and Rural Areas;

DECISION:

Article 1.

- Issuing this Regulation on Architect Practice attached hereto.

Article 2.

Article 3.

- The Heads of the Ministry's Office, Heads of subordinate units under the Ministry, Chief Architects, Directors of Construction Departments, Real Estate Departments, Transport Departments of provinces and centrally governed cities shall be responsible for disseminating and guiding the implementation of this Regulation in relevant sectors and levels.- This Regulation shall take effect nationwide from the date of issuance. All previous regulations contrary to this Regulation shall be abolished.

REGULATIONS

MANAGEMENT OF ARCHITECT PRACTICE

(Issued together with Decision No. 91-BXD/DT dated April 16, 1993 of the Minister of Construction)

Architecture is a manifestation of culture. Architectural creativity, construction quality, harmony between architecture and the surrounding environment, preservation of natural landscapes, urban landscapes, as well as historical and cultural heritage, are common benefits to society.

I. GENERAL PROVISIONS

Article 1.

a) Project Leader: For civil works and complexes of civil works.

Article 2.-

Leading architectural design for the following specialized construction projects collectively referred to as project leader.

b) Designers.

- Design projects with a project leader who have been issued a practice certificate according to this Regulation shall have legal validity in implementing the steps of the basic construction process and shall be eligible for construction permits.

Article 3.

Practicing architectural design (including designing new or renovating construction works, complexes, urban landscape design; restoring and preserving historical and cultural relics...) shall be carried out according to the following positions: II. ARCHITECT PRACTICE

- Architects must practice within legitimate organizations with legal personality belonging to all economic sectors permitted to design construction works as members, staff, or consultants.

Article 4.

a) Having citizen rights.

Article 5.

b) Holding a valid architect degree.

c) Possessing professional qualities and expertise commensurate with the position held, being familiar with laws, policies, standards, and construction regulations.

d) Practicing under the direction of a project leader.

b) Graduated from university with an architect degree.

Article 6.

b) Holding a valid architect degree.

c) Possessing architectural creativity, familiarity with laws, policies, standards, and regulations.

d) Possessing organizational management and leadership skills in design work.

e) Having at least five years of direct architectural creativity experience with recognized quality works without professional errors, recommended by the design organization and the Vietnam Association of Architects.

State officials in national administrative bodies may not practice as architects on projects directly related to their assigned responsibilities.

Article 7.

Article 8.

Article 9.-

Foreign nationals residing in Vietnam wishing to practice architectural design for construction works in Vietnam must meet the conditions specified in Articles 5 and 6. Design projects by foreign designers must be reviewed by at least one Vietnamese project leader to ensure compliance with Vietnamese construction laws, standards, and regulations. Individuals who have graduated from other construction-related university programs and are currently practicing architectural design wish to continue practicing under the positions specified in Article 2 must meet the conditions set forth in Articles 5 and 6. When applying for a project leader certificate, they must submit a detailed application outlining their design practice history to the Ministry of Construction. An architect practicing as a project leader must be granted a practice certificate by the Ministry of Construction if they meet the following conditions: An architect practicing as a designer must meet the following conditions:III. ISSUANCE OF PROJECT LEADER CERTIFICATE

Architects wishing to practice architectural design as a project leader (leading architect) must prepare and submit an application as prescribed to the Ministry of Construction.

Article 10.

The Ministry of Construction establishes a professional committee chaired by a representative of the Ministry of Construction, representatives of the Vietnam Association of Architects, and reputable experts in architecture to review and issue project leader certificates. Project leaders can practice nationwide but must register individually or through a legally recognized design organization in their place of residence.

Project leader category I: Can design all types of works.

Article 11.

Project leader category II: Can design works in specific specialties or construction works in non-central urban areas that are not representative or characteristic of each city or the country.

The project leader certificate is reviewed annually and is valid for five years, after which it must be renewed; during its validity period, the project leader may apply for a higher category.

- The project leader certificate is divided into two categories I and II:

IV. DUTIES, POWERS, AND SANCTIONS FOR VIOLATIONS

Architects practicing as architects have the duty and responsibility to prioritize their activities to contribute to the creation and development of a national architectural framework, improving living and working environments, natural environments, ensuring harmony between artistic creativity, scientific and technological effectiveness, economic efficiency, and practical feasibility of projects.

Article 12.

1. Authorities issuing construction design practice licenses and construction permits shall be responsible for checking the certificates and activities of project leaders.

Article 13.

Article 14.

Article 15.

2. The Ministry of Construction shall cooperate with central and local state management agencies to check the registration of architect practices according to this Regulation and monitor the activities of project leaders.

2. The Ministry of Construction shall coordinate with central and local state management agencies to inspect the registration of Architect practice in accordance with this Regulation and to inspect the practice of Project Leaders.

3. Local construction licensing authorities and agencies approving design projects shall verify the professional practice certificates of the Project Leaders within such projects.

Article 16.

Architects violating the provisions of this Regulation shall be subject to penalties ranging from warnings, fines, temporary or permanent revocation of their professional practice certificates, to prosecution before judicial authorities, depending on the severity of the violation.

Engaging in activities outside the scope of authorized practice: Warning, fine, and suspension of operations for violations committed.

If the Project Leader lends their name and title without directly performing duties according to their responsibilities, they will receive a warning or fine for the first offense; temporary revocation of the certificate for the second offense; and permanent revocation of the certificate for the third offense.

Violations of laws, policies, standards, and regulations that do not ensure the quality of works will result in compensation for damages caused by the violation, temporary or permanent revocation of the professional practice certificate, and prosecution before judicial authorities.

Other violations shall be handled in accordance with current laws. Design projects carried out by organizations or individuals without professional practice certificates shall have no legal validity, and the designing organization shall be dealt with according to the law. The issuing authority of the Project Leader's certificate has the right to temporarily or permanently revoke the issued certificate.

- Handling violations:- Inspection and supervision:- Regardless of the form of activity, architects are equal before the law, their material and spiritual benefits are guaranteed, and their authorship rights are protected according to state regulations. - The Architect - Project Leader is personally responsible for the project, organizing and coordinating various specialties during the design process to achieve optimal requirements for technology usage, safety, sustainability, and aesthetics, artistry. The Project Leader and authors are responsible for exercising author supervision during the construction and acceptance of the work according to state regulations.

V IMPLEMENTATION PROVISIONS

Article 17

.- Architects wishing to practice as Project Leaders must submit an application as prescribed to the Ministry of Construction. The list of those granted the first batch of professional practice certificates was published in July 1993, and thereafter reviewed every six months.

Article 18.

- This Regulation takes effect from July 1, 1993, and is uniformly applied throughout the country. Previous provisions contrary to this Regulation are hereby abolished./.

THE MINISTER OF CONSTRUCTION