On the Ministry of Construction's Information Portal, reader H.S. C reflected that in the process of organizing architectural design competitions, according to the guidance at 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 as follows:
Prepare and approve plans, funding for organizing the competitive examination, competitive examination regulations and design tasks".
Reader asks, which unit has the authority to approve the plan, funding for organizing the competitive examination, competitive examination regulations and design tasks?
After research, the Department of Planning and Architecture (Ministry of Construction) has the following opinions:
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:
The organization of architectural design competitions is proposed in the investment policy or pre-feasibility study report.
The person with the authority to decide on investment decides on the form of architectural design competition, decides on the establishment of the Architectural Design Competition Council.
The cost of the architectural design competition is 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.
