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| Bitexco Financial Tower in Ho Chi Minh City__Photo: VNA |
I am a foreign architect and have recently been invited to work in Vietnam. If I accept the invitation, what conditions must I satisfy?
As per Article 31 of the 2019 Law on Architecture (the Law), a foreigner may practice architecture in Vietnam if he possesses a valid architecture practice certificate granted by a Vietnamese or foreign authority; and complies with Vietnam’s law and Vietnamese architects’ code of professional conduct.
Please note that foreign architecture practice certificates must be recognized and converted by Vietnamese authorities in accordance with international agreements or treaties to which Vietnam is a contracting party. Depending on their working duration in Vietnam, certificate holders will carry out procedures for recognition or conversion of their certificates at specialized agencies in charge of architecture under provincial-level People’s Committees. Foreign architects who intend to work in Vietnam for less than six months will only need to fulfill formalities for recognition of practice certificates, while those wishing to practice their profession in the country for a longer time must have their practice certificates converted.
It should be additionally noted that the working duration of a foreign architect in Vietnam will be identified based on his labor contract and residence permit and work permit granted by Vietnamese authorities.
What should I do to have my architecture practice certificate recognized or converted?
As per Article 30 of Government Decree 85 of 2020 detailing the Law on Architecture, a dossier of request for recognition or conversion of a foreign architecture practice certificate must comprise:
(i) A written request, together with the requester’s two 4cm x 6cm color portrait photos in white background, taken within six months by the date of request;
(ii) Copies of the requester’s diploma and practice certificate granted by foreign authorities, accompanied by their Vietnamese translations notarized or certified in accordance with Vietnam’s law; and,
(iii) A certified copy or a file containing a color photocopy, or a copy of the requester’s residence permit or work permit granted by a Vietnamese authority under regulations; in case of submitting a copy, the requester must produce the original for collation.
After preparing a dossier comprising the above-mentioned papers, as specified in the Ministry of Construction’s Decision 1186a/QD-BXD issued in 2020, you may hand-deliver it, submit it online or send it by post to the provincial-level Public Administration Service Center or the dossier-receiving and result-delivering division of the specialized agency in charge of architecture under the provincial-level People’s Committee.
If your dossier is incomplete or invalid, the agency competent to convert foreign architecture practice certificates will send you a written instruction to supplement or complete the dossier within five days after receiving it. You will receive such instructions only once.
In case your dossier is complete and valid, within 10 days after receiving it, the competent agency will issue a document on conversion of your architecture practice certificate.
Please note that the period of architecture practice stated in the document on conversion of your architecture practice certificate will be determined based on the validity period of your practice certificate.
When submitting the dossier of request for conversion of your architecture practice certificate, you will have to pay a fee according to the Vietnamese Ministry of Finance’s regulations.
What rights and obligations will I have when practicing architecture in Vietnam?
Under Article 32 of the Law, architects possessing architecture practice certificates are entitled to provide architectural services and enjoy protection of intellectual property rights in accordance with the law on intellectual property.
Architects may request project owners to properly perform signed contracts and provide information and documents related to assigned architectural design tasks and refuse to perform any requests made by project owners in contravention of law. They may also ask project owners and construction contractors to adhere to approved architectural designs and refuse to take over construction works and items that are inconsistent with approved architectural designs, standards or technical regulations.
At the same time, architects are obliged to observe architects’ code of professional conduct; carry out author’s supervision in the process of work construction; update themselves with professional knowledge; and strictly implement commitments under contracts signed with project owners.-
