Can I open an architect's office if I don't have an architecture practicing certificate trực tiếp bóng đá hôm nay euro Vietnam?
Can I open an architect's office if I don't have an architecture practicing certificate trực tiếp bóng đá hôm nay euro Vietnam? If the construction work is not trực tiếp bóng đá hôm nay euro accordance with the approved architectural designs, can the architect's office refuse to carry out the commissioning of construction works trực tiếp bóng đá hôm nay euro Vietnam? Do architect's offices have right to supervise the construction according to the approved architectural designs trực tiếp bóng đá hôm nay euro Vietnam?
Hello, I graduated from the University of Architecture but do not have an architectural practicing certificate, so can I open an architect's office and hire an outside architect to work? May I ask if the design drawing has been approved, but when the execution is not trực tiếp bóng đá hôm nay euro accordance with the design, does the architect's office making the design have the right to refuse to carry out the commissioning of construction works? Please advise.
Can I open an architect's office if I don't have an architecture practicing certificate trực tiếp bóng đá hôm nay euro Vietnam?
Pursuant to Article 33 of the 2019 Architecture Law, requirements for business operations and forms of practice of architecture are as follows:
1. Requirements for business operations of entities practicing architecture shall be regulated as follows:
a) They must be established under law;
b) They must hire employees with architecture practicing certificates that assume professional responsibilities related to architecture or lead architectural design activities;
c) They must communicate information prescribed trực tiếp bóng đá hôm nay euro point a and b of this clause to regulatory authorities specialized trực tiếp bóng đá hôm nay euro architecture under the control of provincial-level People's Committees at the places where offices of entities practicing architecture are located.
2. Entities practicing architecture, including architect's offices, public service organizations or other businesses, shall be organized and operated under the provisions of this Law, Law on Enterprises and other provisions of relevant law.
3. Architect’s offices must be established by architects holding architecture practicing certificates and operated trực tiếp bóng đá hôm nay euro business form.
Thus, the condition to establish an architect's office is that it must be established and operated by an architect with an architectural practicing certificate trực tiếp bóng đá hôm nay euro Vietnam.
If you do not have an architect practicing certificate, you cannot set up an architect's office according to regulations trực tiếp bóng đá hôm nay euro Vietnam.
If the construction work is not trực tiếp bóng đá hôm nay euro accordance with the approved architectural designs, can the architect's office refuse to carry out the commissioning of construction works trực tiếp bóng đá hôm nay euro Vietnam?
According to Article 34 of the 2019 Architecture Law, rights and obligations of entities practicing architecture are as follows:
1. Entities practicing architecture shall be vested with the following rights:
a) Render architectural services;
b) Receive protection of intellectual property rights trực tiếp bóng đá hôm nay euro accordance with law on intellectual property;
c) Request project owners to provide information and documents related to assigned duties;
d) Request project owners and construction contractors to obey approved architectural designs;
dd) Refuse to perform any illegal request from project owners or any other than architectural design duties and trực tiếp bóng đá hôm nay euro breach of contracts, or any request for architectural design modifications incompliant with engineering standards and regulations;
e) Refuse to carry out the commissioning of construction works and items trực tiếp bóng đá hôm nay euro breach of approved architectural designs.
2. Entities practicing architecture shall assume the following obligations:
a) Operate within the registered scope of business;
b) Duly execute contracts with customers trực tiếp bóng đá hôm nay euro compliance with provisions of law;
c) Purchase professional liability insurance trực tiếp bóng đá hôm nay euro accordance with law;
d) Bear responsibility for the quality of architectural works under contractual terms and conditions, compensate for any loss or damage prescribed trực tiếp bóng đá hôm nay euro law that arises from improper or contract-breaching use of information, documents, engineering standards, regulations or solutions.
According to this Article, the architect's office has submitted the design to the investor and has approved the design, when the construction of the work is not trực tiếp bóng đá hôm nay euro accordance with the design, the architect's office has the right to refuse to carry out the commissioning of construction works trực tiếp bóng đá hôm nay euro Vietnam. trực tiếp bóng đá hôm nay euro case the architect's office still checks and takes over the work that is not constructed trực tiếp bóng đá hôm nay euro accordance with the design, it must be responsible for any arising problems related to the work design trực tiếp bóng đá hôm nay euro Vietnam.
Do architect's offices have right to supervise the construction according to the approved architectural designs trực tiếp bóng đá hôm nay euro Vietnam?
Article 35 of the 2019 Architecture Law provides for designer's supervision as follows:
1. Entities practicing architecture or self-employed architects shall be held responsible for carrying out the designer's supervision during the construction period.
2. The performer of designer’s supervision shall be vested with the following rights:
a) Request project owners and construction contractors to obey approved architectural designs;
b) Directly, or by authorizing other entities or persons holding architecture practicing certificates, perform designer’s supervision under contractual terms and conditions and the provisions of relevant law;
c) Inform or cease designer’s supervision if the construction period is greater than the one specified trực tiếp bóng đá hôm nay euro the contract, unless otherwise agreed;
d) Refuse to any request for unreasonable modifications trực tiếp bóng đá hôm nay euro architectural designs from project owners;
dd) Refuse to sign project commissioning reports when construction projects are trực tiếp bóng đá hôm nay euro breach of approved architectural designs.
3. The performer of designer’s supervision shall assume the following obligations:
a) Participate trực tiếp bóng đá hôm nay euro commissioning of completed projects trực tiếp bóng đá hôm nay euro accordance with laws and contracts with project owners;
b) Make any correction of errors arising trực tiếp bóng đá hôm nay euro architectural designs upon the project owner's request;
c) Inform project owners or state regulatory authorities trực tiếp bóng đá hôm nay euro charge of architecture affairs at localities so that they can take necessary action trực tiếp bóng đá hôm nay euro case of discovering that construction activities contravene approved architectural designs.
Thus, during the construction process trực tiếp bóng đá hôm nay euro Vietnam, the architect's office has the right to supervise whether the work is constructed trực tiếp bóng đá hôm nay euro accordance with the approved architectural design or not and has the right to request the investor and the construction contractor to perform the work.
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