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Vietnamese-English translation

Ready to use legal template

Drafted by lawyers

Vietnamese-English translation

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Learn more about Architect Contract in Vietnam

Discover our Architect Contract, designed for seamless collaborations in Vietnam’s architectural landscape. This comprehensive document, meticulously drafted by our legal team, ensures legal compliance and clarity on project scope, payments, timelines, and dispute resolution. Presented in an editable Word format, it offers practicality and ease of customization, making it the ideal choice for architects and clients seeking a solid legal foundation for their projects. Trust Themis Partner law firm for your architectural contracts and embark on your projects with confidence and legal clarity.

Table of contents


What is an Architect Contract?

An Architect Contract is a fundamental agreement that establishes the terms of engagement between an architect and a client in Vietnam. This contract is a detailed roadmap, defining key aspects of the project such as the scope of work, project timeline, payment structure, and the roles and responsibilities of each party. It serves as a crucial document to protect the interests of both the architect and the client, ensuring that the project progresses smoothly and according to plan.

Our Architect Contract goes beyond mere legalities; it’s a commitment to excellence and professionalism. Crafted by legal experts with a deep understanding of Vietnam’s legal landscape, our contract is designed to provide clarity, confidence, and peace of mind throughout the architectural project. With our “Architect Contract,” you can embark on your project with the assurance that your interests are protected and that you have a solid legal foundation for a successful collaboration.

What does an Architect Contract include?

An Architect Contract typically includes several key elements to ensure clarity and protect the interests of both parties. These elements may vary based on the specifics of the project and the preferences of the parties involved, but commonly include:

1. Parties Involved

Identification of the architect and the client, including contact information.

2. Scope of Work

Detailed description of the architectural services to be provided.

3. Project Timeline

Schedule for completion of various project milestones.

4. Fees and Payment Terms

Details of the architect’s compensation, including payment schedule and any additional expenses.

5. Intellectual Property Rights

Ownership of design plans and other intellectual property related to the project.

6. Insurance and Liability

Provisions for professional liability insurance and limitation of liability.

7. Termination Clause

Conditions under which either party can terminate the contract.

8. Dispute Resolution

Procedures for resolving disputes that may arise during the project.

Are there any specific regulations in Vietnam?

Yes, there are specific regulations in Vietnam that govern architectural contracts and construction projects. These regulations are primarily aimed at ensuring safety, quality, and compliance with local laws. Some key regulations and considerations include:

Construction Permits: Projects must obtain the necessary permits from local authorities before construction can begin.
Building Codes: Compliance with Vietnamese building codes and standards is mandatory to ensure the safety and quality of construction.
Contractual Laws: Contracts must comply with Vietnamese contract laws, including provisions related to contract formation, validity, and enforceability.
Intellectual Property Laws: Protection of intellectual property rights, including architectural designs, is governed by Vietnamese intellectual property laws.
Labor Laws: Compliance with labor laws, including regulations related to wages, working hours, and safety standards for construction workers.
Environmental Regulations: Projects must comply with environmental regulations, including measures to mitigate environmental impact and ensure sustainability.
Tax Laws: Tax implications related to construction projects, including value-added tax (VAT) and corporate income tax (CIT).
Dispute Resolution: Procedures for resolving disputes, including litigation, arbitration, or mediation, as per Vietnamese laws.

It’s essential for architects and clients in Vietnam to be aware of and comply with these regulations to ensure that their projects are legally compliant and successful.

What are the main responsibilities of the architect in the contract?

In an Architect Contract in Vietnam, the architect typically has several key responsibilities, including:

1. Design Services Providing architectural design services for the project, including developing concept designs, detailed drawings, and specifications.

2. Compliance: Ensuring that all architectural designs comply with relevant building codes, regulations, and standards in Vietnam.

3. Coordination: Coordinating with other members of the project team, such as engineers, contractors, and consultants, to ensure the smooth progress of the project.

4. Budgeting: Assisting the client in developing and maintaining a budget for the architectural aspects of the project.

5. Construction Administration: Providing on-site observation and administration of the construction process to ensure that the design intent is being followed.

6. Quality Control: Ensuring that the architectural work meets the quality standards specified in the contract.

7. Documentation: Maintaining accurate and complete records of all architectural work and communications related to the project.

8. Client Communication: Keeping the client informed of progress, issues, and decisions related to the architectural aspects of the project.

9. Professionalism: Conducting all work in a professional manner and in accordance with the highest standards of professional ethics and integrity.

These responsibilities are typically outlined in detail in the Architect Contract to ensure that both the architect and the client have a clear understanding of their respective roles and obligations throughout the project.

Can the client terminate the contract early in Vietnam?

Yes, the client can terminate an Architect Contract early in Vietnam, but the specific conditions and consequences of early termination should be outlined in the contract itself.

Commonly, the contract will specify the circumstances under which early termination is allowed, such as failure to meet project milestones, breach of contract terms, or other specified reasons. It may also outline any penalties or obligations that the client must fulfill upon early termination, such as payment for work done up to the termination date or reimbursement of expenses incurred by the architect.

It’s important for both parties to carefully review and understand the termination provisions in the contract to avoid disputes and ensure a smooth process if early termination becomes necessary.

What happens if there are changes to the project after signing the contract?

If there are changes to the project after signing the Architect Contract in Vietnam, the process for managing these changes should be outlined in the contract itself. Commonly, this process involves a “Change Order” procedure, which typically includes the following steps:

1. Request for Change

The client submits a written request detailing the proposed changes to the project scope, schedule, or budget.

2. Evaluation

The architect evaluates the proposed changes and assesses their impact on the project in terms of cost, time, and other factors.

3. Change Order Agreement

If the architect agrees to the changes, a Change Order document is prepared, outlining the revised scope, schedule, and/or budget. Both parties must sign this document to formalize the changes.

4. Implementation

The changes are implemented according to the terms of the Change Order, and the project proceeds accordingly.

It’s important for both parties to follow the Change Order procedure outlined in the contract to ensure that any changes to the project are properly documented, agreed upon, and implemented in a controlled manner. This helps to avoid misunderstandings, disputes, and potential delays or cost overruns.

What happens if I don't have an Architect Contract in Vietnam?

If you don’t have an Architect Contract in Vietnam, you may face several risks and challenges:

Legal Protection: Without a contract, you may have limited legal protection if disputes arise during the project. A contract helps establish clear rights and responsibilities for both parties.
Scope Creep: Without a defined scope of work in a contract, there is a risk of "scope creep," where the project expands beyond what was originally agreed upon, leading to potential disputes over additional fees or changes to the timeline.
Payment Disputes: A contract typically specifies the payment terms for the architect's services. Without a contract, there may be ambiguity regarding payment, leading to potential payment disputes.
Quality Control: A contract often includes provisions for quality control and assurance. Without these provisions, there may be challenges in ensuring that the architectural work meets the required standards.
Intellectual Property Rights: A contract typically addresses intellectual property rights related to the architectural designs. Without a contract, there may be uncertainties regarding ownership and use of the designs.

Can it be used for both residential and commercial projects?

Yes, an Architect Contract can be used for both residential and commercial projects in Vietnam. The key is to ensure that the contract is tailored to the specific requirements and nuances of each type of project. Residential projects may have different considerations compared to commercial projects, such as zoning requirements, building codes, and design preferences.

When drafting an Architect Contract for residential projects, it’s important to consider factors such as the size and complexity of the project, the needs and preferences of the homeowner, and any applicable local regulations. For commercial projects, the contract may need to address issues such as compliance with commercial building codes, coordination with other professionals (such as engineers and contractors), and project timelines that align with commercial objectives.

By customizing the Architect Contract to suit the specific requirements of each project type, both architects and clients can ensure that their interests are protected and that the project progresses smoothly from conception to completion.

Can I cancel an Architect Contract once it's signed?

Cancelling an architect contract after it has been signed can be complex and typically depends on the terms outlined in the contract itself. Here are some general steps and considerations:

Review the Contract Terms: Check the contract for any clauses related to termination or cancellation. These clauses often outline the conditions under which either party can cancel the agreement and any associated penalties or fees.

Mutual Agreement: If both parties agree to the cancellation, it can usually be terminated amicably. Ensure this agreement is documented in writing.

Notice Period: Many contracts require a notice period for termination. Make sure you adhere to any required notice periods specified in the contract.

Grounds for Termination: Identify if there are valid grounds for cancellation, such as breach of contract, failure to deliver services, or other significant issues.

Compensation and Fees: Be prepared to negotiate any outstanding fees or compensation for work already completed by the architect.

Taking these steps can help ensure that the process of cancelling the contract is handled correctly and legally.

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