What are the conditions for practicing architecture for foreigners in Vietnam? Can foreigners with practice certificates issued by foreign agencies be accepted? Let’s find out this issue “Architectural practice for foreigners in Vietnam” with LSX Lawfirm.
Law on Architecture 2019
Conditions for practicing in Vietnam
Pursuant to the provisions of Clause 1, Article 31 of the Law on Architecture 2019 , foreigners may practice architecture in Vietnam when meeting the following conditions:
– Possessing an architectural practice certificate in Vietnam or a valid architectural practice certificate issued by a competent foreign agency or organization and recognized and converted by Vietnam;
– Comply with Vietnamese law and the Code of Professional Conduct of practicing architects in Vietnam.
Recognition and conversion of architectural practice certificates
One of the conditions for foreigners to practice architecture in Vietnam is to have an architectural practice certificate. Those who have practice certificates issued by competent foreign agencies or organizations; must be recognize and convert by Vietnam.
Therefore, Clause 2, Article 31 of the 2019 Architecture Law has specific provisions on this issue as follows:
– Firstly, foreigners who already have a valid architectural practice certificate issued by a competent foreign agency or organization and have been engaged in architectural services in Vietnam for less than 6 months; shall carry out procedures for recognition of such certificate. only practice architecture, from 06 months or more, carry out the procedures for conversion of architectural practice certificates at the specialized architecture agency affiliated to the provincial People’s Committee;
– Secondly, the recognition and conversion of architectural practice certificates between Vietnam and other countries and territories shall comply with the provisions of international agreements or treaties to which the Socialist Republic of Vietnam is concerned
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– Firstly, function: There is no business function, only a liaison role, promoting business investment opportunities of foreign traders.
– Secondly, the subject of business contract: Not allowed to sign the contract. Foreign traders are the contracting parties.
– Thirdly, contract performance: Overseas traders are responsible for performing contracts with partners in Vietnam, the Representative Office plays the role of liaison and support.
– Fourthly, profit: Representative offices do not do business, so they do not generate profits. Foreign traders earn profits from their business activities and must pay separate tax on such profits (if any).
– Lastly, term of operation under license: 5 years and can be extended.
– Function: Having the function of doing business and making profits in the Vietnamese market.
– The subject of business contract: Enter into contracts yourself with partners.
– Contract performance: Self-execution of signed contracts.
– Profit: In case the business is profitable, has fulfilled its tax obligations and other financial obligations as prescribed by law, and has ensured the full payment of debts and other due property obligations, the foreign trader is a foreign trader. Company owners share profits. The repatriation of profits must comply with the laws of the country of the trader’s nationality.
– Term of operation under license: 50 years and can be extended. Long operating time with large investment cost requirements. The establishment of a company with 100% foreign capital is suitable for traders who intend to develop long-term, stable and serious business with the Vietnamese market.