On the Ministry of Construction's Information Portal, reader H.S. C wondered:
In the process of organizing architectural design competitions, according to the guidance in point b, clause 1, Article 18 of Decree No. 85/2020/ND-CP of the Government detailing a number of articles of the Architecture Law:
b) Develop and approve plans, funding for organizing the competitive examination, competitive examination regulations and design tasks.
I would like to ask, which units have the authority to approve the plan, funding for organizing the competitive examination, competitive examination regulations and design tasks?
Answering this question, after research, the Department of Planning and Architecture (Ministry of Construction) has the following opinion:
The preparation and approval of the plan, funding for organizing the competition, competition regulations and design tasks are one of the contents of the preparation work before organizing the architectural design competition as stipulated in Clause 1, Article 18 of Decree No. 85/2020/ND-CP dated July 17, 2020 of the Government detailing a number of articles of the Architectural Law.
According to Clause 3, Clause 4 and Clause 5, Article 17 of the Architecture Law No. 40/2019/QH14 stipulates:
3. The organization of architectural design competitions proposed in the investment policy or pre-feasibility study report;
4. The person authorized to decide on investment decides on the form of architectural design competition, decides on the establishment of the Architectural Design Competition Council;
5. Architectural design competition costs are included in the total investment of the project.
Therefore, the preparation work before organizing the architectural design competition according to the law on architecture is the responsibility of the investor.
