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blue-check Foreigners practicing architecture in Vietnam for more than 6 months must converse their architecture practicing certificates

Official letter No. 643/BXD-QHKT dated March 1st, 2021 of the Ministry of Construction regarding guidelines for application for extension and grant of an architecture practicing certificate
VietlawOnline

Authority to grant architecture practicing certificates as regulated at Clause 1 Article 27 of the Law on Architecture No. 40/2019/QH14 belongs to regulatory authorities specialized in architectural activities that are put under the control of provincial-level People's Committees. Read more

Currently, the above-mentioned regulatory authorities are provincial Departments of Construction. Particularly, in Ha No city and Ho Chi Minh city, they are Departments of Planning and Architecture

The process of issuance of an architecture practicing certificate is regulated at Article 28 of Decree No. 85/2020/ND-CP .

It is required to note that foreign nationals practicing architecture in Vietnam for more than 6 months must converse their architecture practicing certificates according to the procedures provided for at Article 31 of Decree No. 85/2020/ND-CP .

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blue-check General regulations on architecture design dossier

Circular No. 03/2020/TT-BXD dated July 28th, 2020 of the Ministry of Construction on architecture design dossiers and sample of architecture practice certificate
VietlawOnline

Architecture design dossier is a part of construction design dossiers. An architecture design dossier, which consists of drawings and explanation, must satisfy the following requirements: Read more

1. Specification and scale of drawings must conform to TCVN 5671:2012 on construction design document – architecture design dossier system;

2. Name section of drawings must conform to TCVN 5571:2012 on construction design document – construction drawings – name section system.

This Circular takes effect from September 15th, 2020.

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blue-check New regulations on architectural structures and architecture practicing

Decree No. 85/2020/ND-CP dated July 17th, 2020 of the Government on elaboration of the Law on Architecture No. 40/2019/QH14
VietlawOnline

This Decree regulates in details the provisions provided at the Law on Architecture No. 40/2019/QH14, including: Read more

- Clause 5 Article 13: Criteria for assessing whether architectural structures are of value

- Clause 5 Article 14: Regulations on management of architectural structures

- Clause 1 Article 15: Contents must be reviewed every 05 years with regard to architectural structures

- Clause 8 Article 17: Regulations on Architectural plan test

- Clause 3 Article 22: Rules of professional conduct for practicing architects

- Clause 3 Article 23: Activities as updating, maintaining, strengthening and improving knowledge and skills of practicing architects.

- Clause 4 Article 26: Process of test for grant of architecture practicing certificates

- Clause 5 Article 29: Requirements for issuance and renewal of architecture practicing certificates

- Clause 4 Article 30: Cases subject to the withdrawal of architecture practicing certificates

- Clause 3 Article 31: Conditions for practice of architecture by foreign nationals in Vietnam

This Decree takes effect from September 7th, 2020 and replaces Decree No. 38/2010/ND-CPstatus1 dated April 7th, 2010.

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blue-check Regarding VAT rate applicable to services provided for construction works outside Vietnam

Official letter No. 49850/CT-TTHT dated June 26th, 2019 of the Department of Taxation of Ha Noi city regarding value added tax (VAT) on services performed outside Vietnam
VietlawOnline

According to Article 9 of Circular No. 219/2013/TT-BTCstatus2 , in case a company signs a contract to provide consultation and drawing design services for construction works outside Vietnam, if these services are provided for foreign organization or individual and consumed outside Vietnam, they shall be entitled to apply the VAT rate of 0%. Read more

However, if the aforesaid consultation and drawing design services are provided for construction works outside Vietnam but they are consumed in Vietnam, they shall be subject to the VAT rate of 10% rather than 0%.

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blue-check Law on Architecture

Law No. 40/2019/QH14 dated June 13th, 2019 of the National Assembly on Architecture
VietlawOnline

This Law provides for management of architecture and practice of architecture; rights, obligations and responsibilities of entities and persons involved in architectural activities Read more

Accordingly, this Law bans the acts of building architectural structures inconsistently with the architectural design approved by the regulatory authority or in breach of the construction permit; preparing architectural design and construction documentation which are not conformable to national technical regulations and infringing upon the intellectual property rights in architectural activities (Article 9).

Owners of architectural structures must take charge of developing architectural design schemes and carrying out architectural designs. Architectural design documentation can be used as a basis for construction designs after owners of architectural structure construction projects complete review and acceptance testing activities (Article 12)

The person holding the title as the leader of architectural design, the person bearing professional responsibility for architecture who working for entities providing architectural services and self-employed practicing architects must hold the certificate of practice of architecture (Article 21).

Entities providing architectural services must meet qualification requirements specified in Article 33 of this Law.

This Law takes effect from July 1st, 2020.

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blue-check Regarding PIT on income from provision of design consultancy service

Dispatch No. 2754/TCT-TNCN dated June 23rd, 2017 of the General Department of Tax regarding unbound invoices and PIT on income from design consultancy service contract
VietlawOnline

In case a company signs a contract to hire an individual to carry out the design consultancy service, if this person has been granted the independent practicing certificate and has obtained tax and business registration, income from the design consultancy service shall be subject to personal income tax (PIT) in accordance with regulations applied to the business individual provided at Circular No. 92/2015/TT-BTCstatus2 . This service provider shall himself/herself declare and pay tax. Read more

In contrast, if this person possesses an independent practicing certificate but has not applied for business registration, he/she shall be subject to PIT according regulations on PIT on income from salary, wage in Circular No. 111/2013/TT-BTCstatus2 . The company shall withhold 10% PIT from any amount of at least VND 2 million before it is paid to the individual.

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blue-check New regulations on contest and selection of architectural designs

Circular No. 13/2016/TT-BXD dated June 29th, 2016 of the Ministry of Construction on guidelines for organization of contest and selection of architectural designs
VietlawOnline

This Circular regulates entities, forms and requirements of contest and selection of architectural designs. Read more

Accordingly, in comparison with the earlier regulations, this Circular adds more construction works requiring a contest and selection of architectural design plans. In particular, apart from construction works with large scale or particular architecture requirements, mandatory construction works in cities, construction works on main roads in cities now also requiring a contest and selection of architectural design plans.

This Circular takes effect from August 15th, 2016 and replaces Circular No. 23/2009/TT-BXDstatus1 dated July 16th, 2009.

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stop-check Approval regulation for works construction design

Circular No. 13/2013/TT-BXDstatus1 dated August 15, 2013 of the Ministry of Construction on prescribing verification, appraisal and approval for works construction design
VietlawOnline

This Circular prescribes the verification, appraisal and approval for technical design for works implementing three-step design, construction drawings design for works implementing one-step or two-step design and other designs which are carried out following fundamental design specified in Article 20 and Article 21 of the Government’s Decree No. 15/2013/ND-CPstatus1 , dated February 06, 2013, on quality management of construction works. Read more

Based on provisions in the Decree No. 15/2013/ND-CPstatus1 and guide in this Circular, the Ministry of Construction and Ministries managing the specialized constructions, the provincial People’s Committees shall issue the process of design verification of the construction-specialized agencies in conformity with characteristics and conditions of Ministries and localities. The construction-specialized agencies shall post publicly the process of design verification on their websites and places for receiving dossier

This Circular takes effect on September 30, 2013

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blue-check Temporary guidelines on apartment buildings

Official Dispatch No. 1245/BXD-KHCN dated June 24, 2013 of the Ministry of Construction architectural criteria applied for high-rise apartment buildings
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blue-check Estimating the expenditure on hiring foreign consultants

Circular No. 07/2012/TT-BXD dated October 26, 2012 of the Ministry of Construction guiding the determination and the management of the expenditure on foreign consultants on construction in Vietnam.
VietlawOnline

Accordingly, depending on the particular condition of the project of investment in investment and the construction planning, the expenditure on hiring foreign consultants shall be estimated in one of the following ways: according to a similar counseling for a project of investment construction and the construction planning that was or has been provided in Vietnam by such foreign consultants; according to the percentage of the cost of construction and equipment (or the construction cost) on a unit of area (or population) of a similar planning that was or has been provided in Vietnam by such foreign consultants or combining the methods above. Read more

This Circular is applicable to the organizations and individuals related to the hiring of foreign consultants that provide the counseling for construction planning, and the counseling for the projects of investment in the constructions of which the State capital makes up at least 30%.

This Circular takes effect on December 15th 2012 and supersedes the Circular No. 09/2007/TT-BXDstatus1 dated November 02nd 2007.

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