Vietnam’s real estate market is increasingly booming due to strong FDI inflows, leading to more and more investors in the field of architecture participating in the market. In this article, we will provide an overview of investment and business conditions when operating in the architecture industry in Vietnam for foreign investors.
According to Vietnamese law, architectural services include the type of business that organizes the design and verification of construction designs, however, the content of architectural services activities under the Law of Vietnam is not the same as the content in the United Nations Central Reflection Classification (CPC), which can be seen as follows:
|Regulations of Vietnamese Law||CPC|
|Architectural services include:|
· Architectural design of works;
· Architectural design in urban planning projects, rural planning, urban design;
· Landscape architecture design;
· Interior design;
· Indication of technical specifications of works architecture;
· Evaluation of building architecture;
· Verification of architectural designs.
|Architectural Services (CPC 8671), including:|
· Consulting services and architecture before design;
· Architectural design services;
· Contract management services;
· Integrated architectural design and contract management services;
· Other architectural services: All other services that require the architect’s skills such as preparation of promotional materials and presentation materials, preparation of building blueprints, representation of activities build during construction, providing manuals, etc
One of the typical differences of architectural activities is that according to CPC, architectural services do not include “Interior design” services, therefore, for this activity, Vietnam has not yet committed to opening up to foreign investors or in other words, Vietnam reserves the right to allow foreign investors to operate in this field. Therefore, when registering for the “interior design” services, investors must get approval from specialized Ministries.
Currently, Vietnam has joined many trade agreements on investment cooperation, among which are popular such as:
Architectural services are conditional business activities under Vietnamese law (103), in case the investor establishes a company in Vietnam to provide architectural services, the investor needs to ensure that the following conditions are met:
Operating conditions of an architectural company:
Conditions for individuals working at architectural practice organizations:
Conditions for foreigners to practice architecture in Vietnam:
Vietnamese law allows foreigners to practice architecture in Vietnam, according to which the following conditions must be met:
It should be noted that the time for foreigners to participate in architectural services in Vietnam is calculated according to legal documents on residence or work permits and labor contracts issued by competent authorities of Vietnam.
Steps to set up an architectural company
For architectural activities, setting up a business in Vietnam will normally go through the following steps:
Step 1. Apply for an investment registration certificate
Step 2. Apply for an enterprise registration certificate
Step 3. Announce the specialized agency on architecture under the People’s Committee of the province where the architectural practice organization is headquartered
The article is based on applicable law at the time noted as above and may no longer be appropriate at the time the reader approaches this article as the applicable law has changed and the specific case that the reader wishes to apply. Therefore, the article is only for reference.