On the Ministry of Construction's Information Portal, reader V.H. P wondered:
(i) According to point a, clause 2, Article 17 of the 2019 Architecture Law, the project must have an architectural examination: a) Public works of special or class I scale;
(ii) According to Appendix 1 of Decree No. 06/2021/ND-CP stipulating public works: h) Headquarters and office buildings: Buildings used as headquarters and offices of socio-professional organizations, public service units, businesses and other organizations and individuals.
I would like to ask, according to the above regulations, are all headquarters and office buildings: buildings used as headquarters and offices of socio-professional organizations, non-business units, businesses and other organizations and individuals public works or not? If so, when reaching level I or special, they will have to take architectural exams according to the Architecture Law, right?
I ask the question because, also according to the provisions of Appendix 1 of Decree No. 06/2021/ND-CP, headquarters buildings, in many cases owned by enterprises and clearly not in common ownership, cannot be considered public works?
Regarding this proposal, the Department of Planning and Architecture (Ministry of Construction) answers as follows:
According to the provisions of Clause 2, Article 17 of the 2019 Architecture Law, works that must participate in architectural design competition include public works of special class, class I (point a).
According to the provisions of Decree No. 06/2021/ND-CP dated January 26, 2021 of the Government detailing a number of contents on quality management, construction and maintenance of construction works, public works include buildings used as headquarters, offices of socio-professional organizations, non-business units, businesses and other organizations and individuals (point h, clause 2, Section I, Appendix I).
[Decree 06/2021/ND-CP dated January 26, 2021 of the Government will expire from July 1, 2026 when Decree No. 207/2026/ND-CP dated June 15, 2026 of the Government takes effect. Decree No. 207/2026/ND-CP continues to stipulate public works including works as mentioned].
The law on architecture and construction stipulates for the group of public works based on the nature, function, and significance to society, regardless of the owner or user.
Therefore, all headquarters and office buildings: buildings used as headquarters and offices of socio-professional organizations, non-business units, enterprises and other organizations and individuals are public works in accordance with the law on construction and belong to works subject to architectural design competitions specified in point a, clause 2, Article 17 of the 2019 Architecture Law.
