Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Architecture.
CHAPTER I GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for the management of architecture, the practice of architecture; the rights, obligations and responsibilities of agencies, organizations and individuals in architectural activities.
Article 2. Subjects of application
This Law applies to agencies, organizations and individuals engaged in architectural activities and other related agencies, organizations and individuals in the territory of the Socialist Republic of Vietnam.
Article 3. Interpretation of terms
In this Law, the following terms shall be construed as follows:
1. Architecture means the art, science and technique of organizing space and creating a sustainable living environment to meet the needs of people and society.
2. Architectural activities include architectural management and architectural practice.
3. Architectural design means the formulation of architectural schemes, expression of architectural ideas and technical solutions on architecture in planning and construction design dossiers, interior design, exterior design and landscape architecture.
4. Architectural works means single or complex construction works and work items built according to architectural ideas or designs.
5. Valuable architectural works means typical architectural works with architectural, historical, cultural and artistic values approved by competent authorities.
6. Architectural practice means the professional activities of organizations and individuals providing architectural services.
Article 4. Principles of architectural activities
1. Complying with this Law and other relevant legal provisions.
2. Being suitable to the orientation of Vietnam’s architectural development; urban and rural planning; meeting the requirements of sustainable socio-economic development; ensuring national defense and security; protecting the environment; rationally using natural resources; adapting to climate change and preventing and combating natural disasters.
3. Preserving, inheriting and promoting traditional architectural values; selectively absorbing the quintessence of world architecture. Building an advanced, modern Vietnamese architecture imbued with national cultural identity.
4. Applying high technology, advanced technology and new technology suitable to Vietnam’s conditions to ensure economic, technical and artistic efficiency as well as energy saving and efficiency.
5. Ensuring the participation of agencies, organizations, communities and individuals; harmoniously combining national and community interests with the lawful rights and interests of organizations and individuals.
Article 5. National cultural identity in architecture
1. National cultural identity in architecture includes typical and distinctive characteristics of natural, socio-economic, cultural and artistic conditions; fine customs and practices of ethnic groups; construction techniques and materials, which are expressed in architectural works, creating a unique style of Vietnamese architecture.
2. Based on the typical cultural characteristics of local ethnic groups, provincial-level People’s Committees shall organize research, surveys and assessments to specify the requirements on national cultural identity in architectural management regulations suitable to their areas of management.
3. Agencies, organizations and individuals have the responsibility to protect, preserve and promote the values of national cultural identity in architecture.
Article 6. State policies on architectural activities
1. The State shall invest in the following activities:
a) Formulating the orientation for the development of Vietnam’s architecture;
b) Conducting statistics, surveys and building databases on architectural activities; formulating national technical regulations and standards on architecture;
c) Developing architectural design models that meet sustainability criteria, are environmentally friendly, adaptable to climate change and capable of preventing and combating natural disasters; using energy economically and efficiently;
d) Disseminating, propagating and educating about the law on architecture.
2. In each period and within the capacity of the State budget, the State shall support investment in the following activities:
a) Building and upgrading physical foundations and equipment for scientific and technological organizations to serve research on policies and basic research on architecture;
b) Training and fostering human resources in architecture; conducting scientific research, applying, transferring and adopting advanced and new technologies in architecture;
c) Protecting, preserving and restoring valuable architectural works that have not been ranked as historical-cultural relics;
d) Expanding and strengthening international cooperation on architecture;
e) Organizing exhibitions and promotion of architecture.
3. The State shall encourage organizations and individuals to invest in the activities specified in Clauses 1 and 2 of this Article and the following activities:
a) Cooperating and associating in scientific research, application and transfer of technologies, provision of technical services and other related activities in the field of architecture;
b) Socializing public services in the field of architecture;
c) Providing free assistance and consultancy on architecture for the benefit of society and community.
Article 7. Vietnam Architecture Day
April 27 every year is Vietnam Architecture Day.
Article 8. International cooperation on architecture
1. International cooperation on architecture with countries and territories shall be carried out on the basis of equality, mutual benefit, respect for each party’s independence, sovereignty, territorial integrity, laws and international law.
2. The contents of international cooperation on architecture include:
a) Conducting scientific research, applying and transferring technologies and exchanging information on architecture;
b) Training and fostering human resources in architecture;
c) Carrying out architectural activities;
d) Mutually recognizing architectural practice.
Article 9. Prohibited acts in architectural activities
1. Obstructing the management of architecture and architectural practice.
2. Taking advantage of architectural practice to adversely affect national defense and security, national interests, ethnic interests, social order and safety, the living environment and the lawful rights and interests of agencies, organizations and individuals.
3. Giving and taking bribes, illegally colluding and brokering in architectural activities.
4. Disclosing documents on the list of State secrets; disclosing business information provided by clients, unless otherwise agreed in writing by clients or otherwise provided by law.
5. Constructing architectural works inconsistent with architectural designs approved by competent authorities or construction permits.
6. Infringing upon intellectual property rights in architectural activities.
7. Providing false or misleading documents and data; making architectural design and construction dossiers inconsistent with national technical regulations.
8. Committing fraud in the examination, grant and use of certificates of architectural practice.
9. Taking advantage of or abusing positions and powers or lacking responsibility in architectural management.
CHAPTER II MANAGEMENT OF ARCHITECTURE
Article 10. Requirements on architectural management
1. Complying with the principles of architectural activities specified in Article 4 of this Law.
2. Ensuring consistency in management from overall spaces to specific spaces of architectural works.
3. Ensuring the safety of people, architectural works and populated areas from adverse impacts caused by nature or human.
4. Causing no negative impacts on natural landscapes, historical-cultural relics, valuable architectural works and the ecological environment.
5. Ensuring economical and efficient use of energy.
Article 11. Requirements on urban and rural architecture
1. Urban architecture must satisfy the following requirements:
a) Being harmonious with the general space, architecture and landscape of the area where architectural works are constructed; linking the architecture of existing areas, newly developed areas, conservation areas and peri-urban and rural areas, and being suitable to the natural landscape;
b) The colors, materials and exterior decoration of architectural works must ensure aesthetics and cause no negative impacts on human vision, health, the environment and traffic safety;
c) The architecture of houses must harmoniously combine between renovation and new construction, be suitable to natural and climatic conditions, and link individual houses with the overall architecture of the area;
d) Public works and works serving urban utilities on streets must ensure aesthetics, use functions and safety for people and means of transport;
e) The systems of signboards, advertisement, lighting and urban decoration must comply with regulations and outdoor advertisement planning and suit the general architecture of urban areas;
f) Statues, sculptures, reliefs, fountains and other decorative works must be designed to suit the landscape and meet the requirements on use and aesthetics of public places;
g) Transport works must be designed synchronously to meet the requirements on use, aesthetics and characteristics of urban areas.
2. Rural architecture must satisfy the requirements specified at Points a, b, c and e, Clause 1 of this Article and the following requirements:
a) Ensuring the inheritance of traditional architectural values and national cultural identity; prioritizing the use of local building materials and advanced construction techniques;
b) Ensuring the standards of housing, living spaces and cultural spaces suitable to natural conditions and the living habits, fine customs and practices of ethnic communities;
c) In areas frequently hit by natural disasters, encouraging the application of architectural design models for public works and rural houses to meet the requirements on adaptation to climate change and prevention and control of natural disasters.
Article 12. Architectural design
1. Investors of architectural works shall organize the formulation of architectural design tasks and architectural designs.
2. Architectural designs must be made by qualified organizations and individuals in accordance with this Law and other relevant laws.
3. Architectural designs must integrate architectural solutions with planning; comprehensively consider requirements on socio-economy, use functions, techniques, fire and explosion prevention and fighting, environmental protection, economical and efficient use of energy, national cultural identity and other requirements on works; ensure easy access and use by persons with disabilities, the elderly and children; ensure gender equality.
4. Architectural design dossiers shall be used as a basis for construction design after they are evaluated and accepted by investors.
5. The Minister of Construction shall specify architectural design dossiers.
Article 13. Management of valuable architectural works
1. Valuable architectural works ranked as historical-cultural relics shall be managed in accordance with the law on cultural heritage.
2. Valuable architectural works other than those specified in Clause 1 of this Article shall be annually reviewed and evaluated by provincial-level People’s Committees, which shall make lists of valuable architectural works for management.
3. In the process of making a list of valuable architectural works specified in Clause 2 of this Article, before its approval, provincial-level People’s Committees shall collect opinions of provincial-level advisory councils on architecture and related organizations and individuals.
4. Owners and users of architectural works on the list of valuable architectural works have the following rights and obligations:
a) To enjoy benefits from the protection, preservation, restoration and exploitation of the works;
b) To be considered by the State for financial support in protecting, preserving and restoring the works;
c) To protect, preserve and restore the architectural values of the works; to ensure the safety of the works in the course of exploitation and use;
d) Not to arbitrarily change the external architectural form, structure and campus of the works;
e) Upon detecting the works showing signs of quality deterioration or poor safety of the structure, to promptly notify local administrations thereof.
5. The Government shall specify the criteria for evaluation and classification of, and the order and procedures for making, appraising, approving and adjusting lists of, valuable architectural works.
Article 14. Regulation on architectural management
1. A regulation on architectural management shall be formulated for urban areas and rural residential areas of a province or centrally run city.
2. A regulation on architectural management must meet the following requirements:
a) Being consistent with Articles 10, 11 and 13 of this Law;
b) Conforming with the urban design approved by a competent authority and national technical regulations and standards;
c) Being suitable to the local national cultural identity and specific conditions.
3. A regulation on architectural management covers the following contents:
a) Provisions on architectural management for the whole area covered by the regulation; architecture for specific areas and routes;
b) Identification of requirements on local national cultural identity in architecture as specified in Clause 1, Article 5 of this Law;
c) Identification of areas that need separate urban designs, streets and areas that need to be prioritized for re-planning, and plans for implementation; areas with special management requirements;
d) Provisions on architectural management of houses, public works, works serving urban utilities, industrial works, technical infrastructure works, and works subject to architectural design contests;
e) Provisions on the management and protection of valuable architectural works;
f) Provisions on responsibilities of agencies, organizations and individuals in implementing the regulation on architectural management;
g) Illustrative diagrams, drawings and images;
h) An appendix on the list of valuable architectural works.
4. Provincial-level People’s Committees shall formulate regulations on architectural management and submit them to People’s Councils of the same level for adoption before promulgation; for regulations on architectural management of special-grade and grade-I urban centers that are centrally run cities, the consistence of the Ministry of Construction is required.
5. The Government shall specify the contents of regulations on architectural management; and provide the dossiers, order and procedures for formulation, appraisal, collection of opinions on, and announcement of regulations on architectural management, and measures to organize the implementation of these regulations.
Article 15. Adjustment of regulations on architectural management
1. Provincial-level People’s Committees shall review, organize the periodic or ad hoc review and assessment of the implementation of regulations on architectural management every 5 years to consider adjusting them. The contents of the review and assessment of the implementation of regulations on architectural management shall be conducted in accordance with government regulations.
2. The conditions for adjusting regulations on architectural management are prescribed as follows:
a) There are adjustments to urban planning, rural planning, urban design and administrative boundaries that affect the nature, functions and scale of the areas subject to regulations on architectural management;
b) The emergence of national key projects that affect the spatial layout of architecture in the areas subject to regulations on architectural management;
c) The regulations on architectural management cannot be implemented or their implementation adversely affects socio-economic development, national defense, security, social security, ecological environment and historical-cultural relics;
d) Serving national and community interests.
3. The principles for adjusting regulations on architectural management are prescribed as follows:
a) Focusing on the contents that need to be adjusted, while the unadjusted contents of the approved regulations shall remain legally valid;
b) The adjustment must be based on analysis and assessment of the current situation, clearly identifying the adjustment requirements to adjust the contents of the regulations in line with development requirements.
4. Provincial-level People’s Committees shall submit the adjustment of regulations on architectural management to the People’s Councils of the same level for adoption before deciding on the adjustment; for regulations on architectural management of special-grade and grade-I urban centers that are centrally run cities, the consistence of the Ministry of Construction is required.
Article 16. Councils for consultancy on architecture
1. The national council for consultancy on architecture shall be established by decision of the Prime Minister when necessary to advise the Prime Minister on architecture and the architecture of some important works.
2. The provincial-level council for consultancy on architecture shall be established by decision of the chairperson of the provincial-level People’s Committee when necessary to advise the chairperson of the provincial-level People’s Committee on architecture and the architecture of some important works and valuable architectural works in the area under management.
3. A council for consultancy on architecture is composed of representatives of the state management agency in charge of architecture and experts in architecture-related fields.
4. A council for consultancy on architecture and its members shall take legal responsibility and responsibility before the person who decides to establish the council for their advice and consultancy.
5. Members of a council for consultancy on architecture shall work on a part-time basis; the council shall automatically dissolve upon completing its tasks.
Article 17. Architectural design contests
1. An architectural design contest is organized to select the optimal architectural design that meets the requirements on planning, architecture, culture, socio-economic efficiency, national defense, security and environmental protection.
2. Works subject to architectural design contests include:
a) Public works of special and grade-I scale;
b) Central railway stations of provinces; civil airports; urban bridges of grades II or higher; urban railway stations of grades II or higher; statues and works as symbols of traditions, culture and history of localities; important works and highlights in urban areas and on main roads identified in planning documents, urban designs and regulations on architectural management approved by competent authorities.
3. The organization of an architectural design contest shall be proposed in the investment policy or pre-feasibility study report.
4. The person competent to decide on investment shall decide on the form of architectural design contest and the establishment of an architectural design contest council.
5. The cost of an architectural design contest shall be included in the total investment amount of the project.
6. Based on the winning architectural design, the organization or individual with the winning architectural design may carry out subsequent steps of the project when fully meeting the conditions prescribed by the law on construction and the law on bidding.
7. Information on the contest, the architectural design contest council and the contest results must be publicly announced by the investor on the mass media.
8. The Government shall detail this Article.
Article 18. Management of document archives
The state management agency in charge of architecture and investors shall archive documents and design dossiers on architecture. Consultancy organizations and individuals, construction contractors and construction management boards shall archive dossiers of the jobs they have performed in accordance with the law on archives and other relevant laws.
CHAPTER III ARCHITECTURAL PRACTICE
SECTION 1. GENERAL PROVISIONS ON ARCHITECTURAL PRACTICE
Article 19. Architectural services
1. Architectural services are services of organizing design and appraising construction designs.
2. Architectural services include:
a) Architectural design of works;
b) Architectural design in urban planning schemes, rural planning schemes and urban designs;
c) Landscape architectural design;
d) Interior design;
e) Indication of architectural technical characteristics of works;
f) Architectural evaluation of works;
g) Appraisal of architectural designs.
Article 20. Socio-professional organizations on architectural practice
Socio-professional organizations on architectural practice shall be established and organized and operate in accordance with this Law and other relevant laws.
Article 21. Conditions for architectural practice
1. Individuals holding the post of chief architectural designer or individuals responsible for architectural profession in architectural practicing organizations or architects practicing as individuals must possess certificates of architectural practice, except the case specified in Article 31 of this Law.
2. Individuals not possessing certificates of architectural practice may participate in the provision of architectural services in architectural practicing organizations or cooperate with architects practicing as individuals.
3. An architectural practicing organization must satisfy the conditions specified in Article 33 of this Law.
Article 22. Code of professional conduct of practicing architects
1. The code of professional conduct of practicing architects must be consistent 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;
e) Professional conduct toward colleagues and clients.
2. The code of professional conduct of practicing architects applies to organizations and individuals engaged in architectural practice.
3. The Government shall prescribe the competence, order and procedures for promulgating the code of professional conduct of practicing architects.
Article 23. Continuous professional development
1. Continuous professional development activities include updating, maintaining, enhancing and improving the knowledge and skills of practicing architects.
2. Socio-professional organizations on architectural practice and architectural research and training institutions shall organize the activities specified in Clause 1 of this Article and assess the continuous professional development of practicing architects.
3. The Government shall detail this Article.
Article 24. Management of information on architectural practice
1. Within 5 working days after granting a certificate of architectural practice or receiving a notice from an architectural practicing organization headquartered in the locality, the specialized agency in charge of architecture under the provincial-level People’s Committee shall publicly post information on the architectural practicing organization or individual on the website under its management and send such information to the Ministry of Construction.
2. Within 5 working days after receiving information from the specialized agency in charge of architecture under the provincial-level People’s Committee, the Ministry of Construction shall publicly post information on the architectural practicing organization or individual on its web portal.
SECTION 2. ARCHITECTURAL PRACTICE BY INDIVIDUALS
Article 25. Architects practicing as individuals
1. An architect practicing as an individual is an architect possessing a certificate of architectural practice who does not belong to any architectural practicing organization and provides architectural services in his/her own name.
2. An architect practicing as an individual shall provide architectural services under contracts signed with organizations or individuals in accordance with this Law and other relevant laws.
Article 26. Examination for grant of certificates of architectural practice
1. Socio-professional organizations on architectural practice and architectural research and training institutions shall conduct examinations for the grant of certificates of architectural practice.
2. The examination for the grant of a certificate of architectural practice covers:
a) Professional experience in architecture;
b) Knowledge about laws related to the practiced field;
c) Professional knowledge about architecture;
d) Knowledge about the code of professional conduct of practicing architects.
3. A socio-professional organization on architectural practice or architectural research or training institution shall be recognized as meeting conditions for conducting examinations for the grant of certificates of architectural practice when satisfying the following requirements:
a) Being established in accordance with law;
b) Having operating fields related to architectural activities;
c) Having adequate human resources and physical foundations for organizing examinations.
4. The Government shall specify the programs, contents and forms of organizing examinations; the validity duration of examination results; and conditions for conducting examinations for the grant of certificates of architectural practice, applicable to socio-professional organizations on architectural practice and architectural research and training institutions.
Article 27. Competence to grant, extend, withdraw or re-grant certificates of architectural practice; validity duration of certificates of architectural practice
1. The specialized agency in charge of architecture under the provincial-level People’s Committee is competent to grant, extend, withdraw or re-grant certificates of architectural practice.
2. A certificate of architectural practice is valid for 10 years nationwide.
3. The Minister of Construction shall promulgate a form of certificate of architectural practice.
Article 28. Conditions for grant and extension of certificates of architectural practice
1. The conditions for the grant of a certificate of architectural practice are prescribed as follows:
a) Having a bachelor or higher degree in architecture;
b) Having at least 3 years’ experience in participating in the provision of architectural services in an architectural practicing organization or in cooperation with an architect practicing as an individual;
c) Passing the examination for the grant of a certificate of architectural practice.
2. The conditions for the extension of a certificate of architectural practice are prescribed as follows:
a) The granted certificate of architectural practice has expired;
b) Ensuring continuous professional development;
c) Not violating the code of professional conduct of practicing architects.
3. An individual who has worked for 10 or more consecutive years directly in the state management of architecture or has provided architectural training at the bachelor or higher level or practiced architecture is exempted from the condition specified at Point c, Clause 1 of this Article.
4. An individual who has won a national or international architectural award is exempted from the condition specified at Point b, Clause 1 of this Article.
Article 29. Grant and extension of certificates of architectural practice
1. An individual requesting the grant or extension of a certificate of architectural practice shall submit 1 dossier set directly or online or by post to the specialized agency in charge of architecture under the provincial-level People’s Committee.
2. The specialized agency in charge of architecture under the provincial-level People’s Committee shall set up a board for evaluation of the grant and extension of certificates of architectural practice. The board is composed of representatives of the specialized agency in charge of architecture under the provincial-level People’s Committee, a socio-professional organization on architectural practice or an architectural research or training institution, and architectural experts.
3. The board and members of the board for evaluation of the grant and extension of certificates of architectural practice shall take legal responsibility and responsibility before the person who decides to establish the board, for their advice and consultancy.
4. Members of the board for evaluation of the grant and extension of certificates of architectural practice shall work on a part-time basis; the board shall automatically dissolve upon completing its tasks.
5. The Government shall specify dossiers and the order and procedures for the grant and extension of certificates of architectural practice.
Article 30. Withdrawal and re-grant of certificates of architectural practice
1. A certificate of architectural practice shall be withdrawn in the following cases:
a) The holder no longer fully satisfies the conditions for grant or extension of a certificate of architectural practice specified in Article 28 of this Law;
b) The dossier requesting the grant, re-grant or extension of the certificate of architectural practice contains untruthful information;
c) The holder seriously violates the code of professional conduct of practicing architects;
d) The holder commits professional or technical mistakes in architectural practice causing serious consequences according to the conclusion of a competent state agency;
e) The holder is prohibited from practicing or doing jobs related to architecture under an effective court judgment or ruling.
2. A certificate of architectural practice shall be re-granted in the following cases:
a) It is lost or damaged;
b) The holder’s personal information written in the certificate is changed.
3. In case of withdrawal, a certificate of architectural practice may be re-granted only after 12 months from the date of withdrawal in the cases specified at Points c and d, Clause 1 of this Article or after 12 months from the expiration of the time of being prohibited from practicing or doing jobs related to architecture in the case specified at Point e, Clause 1 of this Article, when the conditions specified in Clause 1, Article 28 of this Law are fully met.
4. The Government shall specify dossiers and the order and procedures for withdrawal and re-grant of certificates of architectural practice.
Article 31. Architectural practice by foreigners in Vietnam
1. A foreigner may practice architecture in Vietnam when fully satisfying the following conditions:
a) Possessing a certificate of architectural practice in Vietnam or a valid certificate of architectural practice granted by a foreign competent agency or organization, which is recognized or converted in Vietnam;
b) Complying with Vietnam’s law and code of professional conduct of practicing architects.
2. The recognition and conversion of certificates of architectural practice are prescribed as follows:
a) A foreigner possessing a valid certificate of architectural practice granted by a foreign competent agency or organization who participates in the provision of architectural services in Vietnam for less than 6 months shall carry out procedures for recognition of his/her certificate of architectural practice, or for 6 months or more shall carry out procedures for conversion of his/her certificate of architectural practice at the specialized agency in charge of architecture under the provincial-level People’s Committee;
b) The recognition and conversion of certificates of architectural practice between Vietnam and foreign countries or territories shall comply with international agreements or treaties to which the Socialist Republic of Vietnam is a contracting party.
3. The Government shall specify the determination of the duration of participation in the provision of architectural services in Vietnam; and provide dossiers and the order and procedures for recognition and conversion of certificates of architectural practice of foreigners practicing architecture in Vietnam.
Article 32. Rights and obligations of architects possessing certificates of architectural practice
1. An architect possessing a certificate of architectural practice has the following rights:
a) To provide architectural services;
b) To have his/her intellectual property rights protected in accordance with the law on intellectual property;
c) To request investors to provide information and documents related to assigned architectural design tasks;
d) To request investors and construction contractors to properly implement approved architectural designs;
e) To refuse to comply with unlawful requests of investors;
f) To refuse to accept works or work items not conformable with approved architectural designs or technical standards or regulations;
g) To request investors to properly perform contracts.
2. An architect possessing a certificate of architectural practice has the following obligations:
a) To comply with the code of professional conduct of practicing architects;
b) To ensure continuous professional development;
c) To conduct author’s supervision during the construction of works;
d) To properly perform the commitments made to investors under contracts.
SECTION 3. ARCHITECTURAL PRACTICE BY ORGANIZATIONS
Article 33. Operating conditions and forms of organization of architectural practicing organizations
1. The operating conditions of an architectural practicing organization are prescribed as follows:
a) Being established in accordance with law;
b) Having individuals responsible for architectural profession or chief architectural designers possessing certificates of architectural practice;
c) Notifying the information specified at Points a and b of this Clause to the specialized agency in charge of architecture under the provincial-level People’s Committee of the locality where the organization is headquartered.
2. Architectural practicing organizations include architects’ offices, non-business organizations and other enterprises, which are organized and operate in accordance with this Law, the Law on Enterprises and other relevant laws.
3. An architect’s office shall be established and operate as an enterprise by an architect possessing a certificate of architectural practice.
Article 34. Rights and obligations of architectural practicing organizations
1. An architectural practicing organization has the following rights:
a) To provide architectural services;
b) To have its intellectual property rights protected in accordance with the law on intellectual property;
c) To request investors to provide information and documents related to assigned tasks;
d) To request investors and construction contractors to properly implement approved architectural designs;
e) To refuse to comply with unlawful requests of investors or requests not related to assigned architectural design tasks and contracts and requests for modification of architectural designs not conformable with technical standards or regulations;
f) To refuse to accept works or work items not conformable with approved architectural designs.
2. An architectural practicing organization has the following obligations:
a) To properly operate in registered business lines;
b) To properly perform signed contracts with clients in accordance with law;
c) To buy professional liability insurance in accordance with law;
d) To take responsibility for the quality of jobs under signed contracts and pay compensations in accordance with law for using improper information, documents, technical standards or regulations, or technical solutions or management, or for breaching contracts, causing damage.
Article 35. Author’s supervision
1. An architectural practicing organization or architect practicing as an individual shall conduct author’s supervision during the construction of works.
2. An author’s supervisor has the following rights:
a) To request investors and construction contractors to properly implement approved architectural designs;
b) To directly conduct author’s supervision or authorize an organization or individual possessing a certificate of architectural practice to conduct author’s supervision under contracts and law;
c) To notify or stop conducting author’s supervision if the construction duration is longer than the construction duration stated in the signed contract, unless otherwise agreed;
d) To refuse to comply with investors’ unreasonable requests for modification of architectural designs;
e) To refuse to sign in the work acceptance minutes when the construction is not conformable with the approved architectural design.
3. An author’s supervisor has the following obligations:
a) To participate in the acceptance of completed works in accordance with law and contracts with investors;
b) To make unreasonable modifications to architectural designs at the request of investors;
c) To notify investors and local state management agencies in charge of architecture to handle upon detecting that the construction is not conformable with the approved architectural design.
CHAPTER IV STATE MANAGEMENT OF ARCHITECTURE
Article 36. Contents of state management of architecture
1. Promulgating, and submitting to competent authorities for promulgation, and organizing the implementation of, legal documents on architectural activities.
2. Formulating and organizing the implementation of the orientation for the development of Vietnam’s architecture and strategies, programs, schemes and plans on architectural activities.
3. Organizing and unifying the management of urban and rural architecture; managing architectural practice.
4. Granting, extending, withdrawing and re-granting certificates of architectural practice.
5. Formulating and promulgating technical standards and regulations on architecture.
6. Organizing and managing scientific research and technological application in architecture; training and fostering human resources engaged in architectural activities.
7. Disseminating, propagating and educating about the law on architectural activities.
8. Carrying out international cooperation on architecture.
9. Building and managing archives and databases and providing information for architectural activities.
10. Guiding, inspecting and examining the implementation of the law on architecture; settling complaints and denunciations, commending and handling violations in architectural activities.
Article 37. Responsibilities of the Government and ministries and ministerial-level agencies
1. The Government shall perform the unified state management of architecture nationwide.
2. The Ministry of Construction is the focal point assisting the Government in performing the state management of architectural activities nationwide and has the following responsibilities:
a) To formulate and submit to the Prime Minister for approval the orientation for the development of Vietnam’s architecture;
b) To promulgate according to its competence or submit to competent authorities for promulgation, and organize the implementation of, policies and legal documents and technical standards and regulations on architecture;
c) To organize and manage architectural activities in project management, project appraisal and construction design;
d) To guide, inspect and examine the implementation of the law on architecture;
e) To settle complaints and denunciations, commend and handle violations in architectural activities;
f) To organize and manage scientific research and technological application in architecture; to disseminate, propagate and educate about the law on architecture;
g) To organize professional training and fostering in architectural activities;
h) To coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in inspecting and assessing the architectural quality of investment projects on construction;
i) To promulgate architectural design models for public works and rural houses to meet the requirements on adaptation to climate change and prevention of and combat against natural disasters;
k) To build a national database on architecture and architectural practice; to manage and provide information for architectural activities;
l) To carry out international cooperation on architecture.
3. Ministries and ministerial-level agencies shall, within the scope of their respective tasks and powers, coordinate with the Ministry of Construction in performing the tasks of state management of architectural activities.
Article 38. Responsibilities of People’s Committees at all levels
1. A provincial-level People’s Committee shall, within the scope of its tasks and powers, have the following responsibilities:
a) To perform the state management of architectural activities in accordance with this Law and the Government’s decentralization regulations; to issue documents according to its competence; and to organize the guidance, inspection and examination of, and handling of violations of law in, architectural activities;
b) To implement and coordinate with ministries and ministerial-level agencies in organizing the implementation, monitoring, inspection and supervision of the architectural quality of investment projects on construction;
c) To organize professional training and fostering in architecture for cadres and civil servants of its subordinate agencies and units according to the decentralization;
d) To develop a database on architecture and architectural practice in the locality; to manage and provide information for architectural activities;
e) To annually report to the Ministry of Construction on the implementation of the state management of architectural activities.
2. A district-level People’s Committee or commune-level People’s Committee shall, within the scope of its tasks and powers, have the following responsibilities:
a) To perform the state management of architectural activities in the locality in accordance with law;
b) To organize professional training and fostering in architecture for cadres and civil servants of its subordinate agencies and units according to the decentralization.
CHAPTER V IMPLEMENTATION PROVISIONS
Article 39. Amendments to a number of articles of laws related to architectural activities
1. To amend and supplement a number of articles of the Law on Construction No. 50/2014/QH13, which was amended and supplemented under Law No. 03/2016/QH14 and Law No. 35/2018/QH14, as follows:
a) To amend and supplement Clause 1, Article 91 as follows:
“1. Being consistent with the detailed construction planning approved by a competent state agency. For a construction work located in an area or on a street section in an urban area that has been stabilized but does not have a detailed construction planning or urban design, the design must conform with the regulation on architectural management promulgated by a competent state agency.”;
b) To amend and supplement Point a, Clause 1, Article 93 as follows:
“a) Being suitable to the land use purpose in accordance with the approved land use planning and regulation on architectural management promulgated by a competent state agency;”;
c) To add Clause 4a after Clause 4, Article 148 as follows:
“4a. Organizations and individuals engaged in architectural practice shall comply with the law on architecture.”;
d) To add Clause 4 after Clause 3, Article 149 as follows:
“4. Certificates of architectural practice shall be granted in accordance with the law on architecture.”;
e) To annul Article 81.
2. To amend and supplement a number of articles of the Law on Urban Planning No. 30/2009/QH12, which was amended and supplemented under Law No. 77/2015/QH13 and Law No. 35/2018/QH14, as follows:
a) To amend and supplement Clause 1, Article 69 as follows:
“1. Organizations and individuals investing in the construction, renovation or repair of architectural works, technical infrastructure works, social infrastructure works and houses must comply with the approved detailed urban planning, regulations on architectural management and the law on construction.”;
b) To amend and supplement Clause 6, Article 72 as follows:
“6. Investors of projects identified in investment decisions shall manage technical infrastructure systems, spaces and architecture in accordance with the approved urban planning and regulations on architectural management within the project boundaries, unless such management is transferred to the People’s Committee.”;
c) To annul Article 60.
3. To replace phrases in a number of laws as follows:
a) To replace the phrase “regulation on management of urban planning and architecture” with “regulation on architectural management” in Clause 2, Article 93 of the Law on Construction No. 50/2014/QH13, which was amended and supplemented under Law No. 03/2016/QH14 and Law No. 35/2018/QH14;
b) To replace the phrase “regulation on management of urban planning and architecture” with “regulation on architectural management” in Clause 2, Article 20 of the Law on Housing No. 65/2014/QH13;
c) To replace the phrase “regulation on management of urban planning and architecture” with “regulation on architectural management” in Article 5, Point e Clause 3 Article 12, Clause 3 Article 13, Clause 1 Article 52 of the Law on Urban Planning No. 30/2009/QH12, which was amended and supplemented under Law No. 77/2015/QH13 and Law No. 35/2018/QH14.
4. To remove the phrase “or selected” at Point d, Clause 1, Article 22 of the Law on Bidding No. 43/2013/QH13, which was amended and supplemented under Law No. 03/2016/QH14 and Law No. 04/2017/QH14.
Article 40. Entry into force
This Law takes effect on July 1, 2020.
Article 41. Transitional provisions
1. A regulation on management of urban planning and architecture approved under the Law on Urban Planning before the effective date of this Law may continue to be implemented through December 31, 2021.
2. An architectural design contest or selection for a construction work under the Law on Construction whose selection plan was approved before the effective date of this Law may continue to be implemented through December 31, 2021.
3. Certificates of practice of construction activities granted to individuals engaged in architectural design or appraisal of architectural designs of construction works in accordance with the law on construction remain valid until their expiry, except the case specified in Clause 4 of this Article.
4. Certificates of practice of construction activities granted to individuals engaged in architectural design or appraisal of architectural designs of construction works that expire between July 1, 2020, and December 31, 2020, may continue to be used through December 31, 2020; in case of loss or damage, new certificates may be granted in accordance with the law on construction.
This Law was passed on June 13, 2019, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 7th session.
