ASEAN MUTUAL RECOGNITION ARRANGEMENT ON ARCHITECTURAL SERVICES

ASEAN MUTUAL RECOGNITION ARRANGEMENTON ARCHITECTURAL SERVICES 

The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, Lao People’s Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, and the Socialist Republic of Viet Nam, Member States of the Association of South East Asian Nations (hereinafter collectively referred to as “ASEAN” or “ASEAN Member Countries” or singularly as “ASEAN Member Country”);

RECOGNISING the objectives of ASEAN Framework Agreement on Services (hereinafter referred to as “AFAS”), which are to enhance cooperation in services amongst ASEAN Member Countries in order to improve the efficiency and competitiveness, diversify production capacity, and supply and distribution of services of their services suppliers within and outside ASEAN; to eliminate substantially restrictions to trade in services amongst ASEAN Member Countries; and to liberalise trade in services by expanding the depth and scope of liberalisation beyond those undertaken by ASEAN Member Countries under the General Agreement on Trade in Services (hereinafter referred to as “GATS”) with the aim to realising a free trade area in services;

NOTING that Article V of AFAS provides that ASEAN Member Countries may recognise the education or experience obtained, requirements met, and licences or certifications granted in other ASEAN Member Countries, for the purpose of licensing or certification of service suppliers; 

NOTING the decision of the Bali Concord II adopted at the Ninth ASEAN Summit held in 2003 calling for completion of Mutual Recognition Arrangements (hereinafter referred to as “MRAs” or singularly as “MRA”) for qualifications in major professional services by 2008 to facilitate free movement of professional/skilled labour/talents in ASEAN;

NOTING that the International Union of Architects (hereinafter referred to as “UIA”) Accord on Recommended International Standards of Professionalism in Architectural Practice shall be used as an optional reference for this MRA or otherwise agreed; and

DESIRING to provide a generic model MRA for Architectural Services in strengthening professional capabilities by promoting the flow of relevant information and exchanging expertise, experiences and best practices suited to specific needs of ASEAN Member Countries;

HAVE AGREED on this ASEAN Mutual Recognition Arrangement on Architectural Services (hereinafter referred to as “this Arrangement”) as follows:

ARTICLE 1 OBJECTIVES

The objectives of this Arrangement are:

1.1 to facilitate mobility of Architects;

1.2 to exchange information in order to promote adoption of best practices on standards of architectural education, professional practice and qualifications;

1.3 to conform to the spirit of ASEAN co-operations based on fair distribution of resources and benefits through collaborative researches; and

1.4 to encourage, facilitate and establish mutual recognition of Architects and set up standards and commitment of technological transfer among ASEAN Member Countries.

ARTICLE 2 DEFINITIONS AND SCOPE

In this Arrangement, unless the context otherwise requires:

2.1 Accreditation refers to quality assurance of Graduate Architects by the respective national authorised bodies.

2.2 Architect refers to a natural person who holds the nationality of an ASEAN Member Country and has been assessed by a Professional Regulatory Authority (PRA) of any participating ASEAN Member Country as being technically, morally, and legally qualified to undertake professional practice of architecture and is registered and licensed for such practice by the Professional Regulatory Authority (PRA). ASEAN Member Countries may have different nomenclatures and requirements for this term.

2.3 Architectural Services refers to the activities covered under Central Product Classification (hereinafter referred to as “CPC”) 8671 of the Provisional CPC of the United Nations.

2.4 Assessment refers to particular processes for reporting or comparison of achievement against criteria, standards, or a benchmark.

2.5 Benchmark refers to an agreed level by which others can be measured. 

2.6 Certification refers to the issuance of a certificate or licence to those who have met specified requirements for registration.

2.7 Country of Origin refers to the ASEAN Member Country where the Architect has an existing licence to practice architecture.

2.8 Criteria or Standards refers to a specification of qualities required to be met.

2.9 Graduate Architect refers to a natural person who holds the nationality of an ASEAN Member Country and has satisfactorily completed an architectural program that is assessed as meeting required criteria in architecture determined by a recognised professional architectural body or state authority.

2.10 Host Country refers to the country where the ASEAN Architect (AA) applies to work, either in independent practice or in collaboration with the local licensed Architect, where appropriate to practise architecture.

2.11 Practice of Architecture refers to the provision of architectural services in connection with urban planning and the design, construction, conservation, restoration or alteration of a building or group of buildings. Subject to the Host Country’s domestic regulations, these professional services include, but are not limited to, planning and land-use planning, urban design, provision of preliminary studies, designs, models, drawings, specifications and technical documentation, coordination of technical documentation prepared by others (consulting engineers, urban planners, landscape architects and other specialist consultants) as appropriate and without limitation, construction economics, contract administration, monitoring and supervision of construction and project management. 

2.12 Professional Regulatory Authority (PRA) refers to the designated government body or its authorised agency in charge of regulating the practice of architecture as listed in APPENDIX A. Any amendment to this list can be made administratively by the ASEAN Member Country concerned and notified by the Secretary-General of ASEAN to all ASEAN Member Countries. ASEAN Member Countries may have different nomenclatures for this term.

2.13 Recognition refers to acceptance by the relevant authority of the respective ASEAN Member Country on demonstration of compliance with requirements.

2.14 Registered Foreign Architect (RFA) refers to an ASEAN Architect (AA) who has successfully applied to and is authorised by the Professional Regulatory Authority (PRA) of a Host Country to work, either in independent practice or in collaboration with one or more licensed Architects of the Host Country, where appropriate, in accordance with the prevailing Policy on Practice in Host Nations of the UIA Accord.

2.15 Registration refers to the process of placing on a Register those who meet specified requirements within a jurisdiction.

2.16 UIA Accord refers to the International Union of Architects Accord on Recommended International Standards of Professionalism in Architectural Practice.

2.17 Words in the singular include the plural and vice versa. 

ARTICLE 3 RECOGNITION, QUALIFICATIONS AND ELIGIBILITY

3.1 Recognition of Qualifications to Become an ASEAN Architect (AA) An Architect who has:

3.1.1 completed an accredited architectural degree recognised by the professional architectural accreditation body whether in the Country of Origin or Host Country or assessed and recognised as having the equivalent of such a degree. The education for architects should be no less than five (5) years duration delivered on a full time basis in an accredited program in an accredited/ validated university in the Country of Origin while allowing flexibility for equivalency;

3.1.2 a current and valid professional registration or licensing certificate to practise architecture in the Country of Origin issued either by the Professional Regulatory Authority (PRA) of the ASEAN Member Countries and in accordance with its policy on registration/licensing/certification of the practice of architecture or the Monitoring Committee pursuant to Article 4.2.2 and item 1.2 of Appendix B of this Arrangement;

3.1.3 acquired practical and diversified experience of not less than ten (10) years of continuous practice of architecture after graduation, of which at least five (5) years shall be after licensure/ registration and at least two (2) years of which shall be in responsible charge of significant architectural works as stipulated in Appendix D, Format 3; 

3.1.4 complied with the Continuing Professional Development (CPD) policy of the country of Origin at a satisfactory level;

3.1.5 obtained certification from the Professional Regulatory Authority (PRA) of the Country of Origin with no record of serious violation on technical, professional or ethical standards, local and international, for the practice of architecture; and

3.1.6 complied with any other requirements agreed upon by the ASEAN Architect Council (AAC) is eligible to apply to the ASEAN Architect Council (AAC) to be registered as an ASEAN Architect (AA) under the ASEAN Architect Register (AAR).

3.2 ASEAN Architect (AA) An Architect who is eligible to apply to the ASEAN Architect Council (AAC) to be registered as an ASEAN Architect (AA) under Article 3.1 and complies with the Guidelines on Criteria and Procedures as per Appendix B and satisfies the Assessment Statement as per Appendix C, may, upon acceptance and payment of the fees, be emplaced on the ASEAN Architect Register (AAR) and accorded the title of ASEAN Architect (AA). An ASEAN Architect shall practise architecture only in the specific projects in which he/she has been adjudged to be competent under this Arrangement

3.3 Eligibility of an ASEAN Architect (AA) to Practise in a Host Country

3.3.1 An ASEAN Architect (AA) shall be eligible to apply to the Professional Regulatory Authority (PRA) of a Host Country to be registered as a Registered Foreign Architect (RFA). The appli8 cant shall submit with his application a sworn undertaking to: (a) be bound by the local and international codes of professional conduct in accordance with the policy on ethics and conduct established and enforced by the Country of Origin; (b) be bound by prevailing laws and regulations of the Host Country; and (c) work, either in independent practice or in collaboration with local licensed Architects in the Host Country, where appropriate subject to domestic laws and regulations of the Host Country governing the practice of architecture thereto.

3.3.2 Upon approval, the successful ASEAN Architect (AA) applicant shall, subject to domestic laws and regulations of the Host Country, where appropriate, be permitted to work as a Registered Foreign Architect (RFA), either in independent practice or in collaboration with one or more licensed Architects of the Host Country, where appropriate, within such area of his own competency as may be recognised and approved by the Professional Regulatory Authority (PRA) of the Host Country.

3.3.3 The ASEAN Architect (AA) must register with the Professional Regulatory Authority (PRA) of the Host Country where he intends to practise. The ASEAN Architect must:
(a) show evidence of his registration with the Professional Regulatory Authority 9 (PRA) of the Host Country as an ASEAN Architect (AA);
(b) identify the architectural practice in the Host Country he intends to collaborate with; and
(c) pay the registration fee set by the Professional Regulatory Authority (PRA) of the Host Country, which is not higher than the fee paid by the domestic architects.

ARTICLE 4 PROFESSIONAL REGULATORY AUTHORITY, MONITORING COMMITTEE, AND ASEAN ARCHITECT COUNCIL

4.1 Professional Regulatory Authority (PRA) The Professional Regulatory Authority (PRA) of each participating ASEAN Member Country shall be responsible for the following:

4.1.1 consider applications from the ASEAN Architect (AA) and authorise the ASEAN Architect (AA) to practise as a Registered Foreign Architect (RFA), either in independent practice or in collaboration with one or more licensed Architects in the Host Country, where appropriate, subject to the domestic laws and regulations;

4.1.2 monitor and assess the professional practice of the Registered Foreign Architect (RFA) and to ensure compliance with this Arrangement; 10

4.1.3 report to relevant local and international bodies of the developments in the implementation of this Arrangement, where required;

4.1.4 maintain high standards of professional and ethical practice in architecture;

4.1.5 notify the ASEAN Architect Council (AAC) Secretariat (set up under Article 4.3.5) promptly in writing when a Registered Foreign Architect (RFA) has contravened this Arrangement, or when an Architect who is also an ASEAN Architect (AA) is no longer qualified to undertake practice of architecture in the Country of Origin, has not complied with Continuing Professional Development (CPD) policy of the Country of Origin at a satisfactory level, or has seriously violated technical, professional or ethical standards either in the Country of Origin or in the Host Country whereby such violations have led to deregistration or suspension from practice;

4.1.6 prepare rules and regulations to enable the implementation of this Arrangement; and

4.1.7 exchange information regarding laws, practices and prevailing developments in the practice of architecture within the region with the view to harmonisation in accordance with regional and/or international standards.

4.2 Monitoring Committee (MC)

4.2.1 A Monitoring Committee (MC) shall be established in and by each participating ASEAN Member Country to develop, process and maintain a national ASEAN Architect Register (AAR) in the Country of Origin. 11

4.2.2 The Monitoring Committee (MC) shall be recognised as competent by, and may exercise certain functions on behalf of the authorities responsible for the registration and licensing of architects in the country concerned.

4.2.3 The Monitoring Committee (MC) shall be recognised as an authorised body and shall be able to certify the qualifications and experiences of an individual architect directly or by reference to other competent bodies.

4.2.4 The specific responsibilities of the Monitoring Committee (MC) for the development and maintenance of the national ASEAN Architects Register (AAR) are given in the ensuing Articles 4.2.5 and 4.2.6 below and in Appendices B, C and D to this Arrangement.

4.2.5 The Monitoring Committee (MC) of each participating ASEAN Member Country seeking authorisation to initiate a national Register for the purpose of the ASEAN Architects Register (AAR) shall prepare a statement setting out the criteria and procedures for assessing compliance with the qualifications set out under Article 3.1 for ASEAN Architect applicants. The statement shall be reviewed by the ASEAN Architect Council (AAC) based on the guidelines on criteria and procedures and examples as set out in Appendices B, C and D.

4.2.6 Each Monitoring Committee (MC) shall further undertake to:

4.2.6.1 ensure that all Architects registered as ASEAN Architects (AA) by the ASEAN Architect Council (AAC) Secretariat comply fully with the requirements 12 specified in this Arrangement, and that a substantial majority of these Architects have demonstrated their compliance through the primary procedures and criteria as shown in Appendices B, C and D;

4.2.6.2 ensure that Architects applying for registration as ASEAN Architects (AA) are required to provide evidence that they have complied with the Continuing Professional Development (CPD) of the Country of Origin at a satisfactory level;

4.2.6.3 ensure that Architects registered by the ASEAN Architect Council (AAC) Secretariat as ASEAN Architects (AA) apply from time to time for renewal of their registration, and in so doing, provide evidence that they have complied with the Continuing Professional Development policy of the Country of Origin at a satisfactory level;

4.2.6.4 ensure the implementation and execution of the amendments agreed under Article 6.3 as directed by the ASEAN Architect Council (AAC);

4.2.6.5 where Article 4.1.5 is applicable, withdraw and deregister the said national ASEAN Architect (AA) from the ASEAN Architects Register (AAR);

4.2.6.6 issue Certificates of ASEAN Architect (AA) registration and provide advice on the particulars of any registered ASEAN Architect (AA) on request; and 13 4.2.6.7 notify ASEAN Architect Council (AAC) and Monitoring Committee (MC) of Country of Origin of non AA practicing architect in Host Country.

4.3 ASEAN Architect Council (AAC)

4.3.1 The ASEAN Architect Council (AAC) shall be established and shall have the authority to confer and withdraw the title of ASEAN Architect (AA). This authority may be delegated in writing from time to time by the ASEAN Architect Council (AAC) to the authorised Monitoring Committee (MC) in each participating ASEAN Member Country. Members of the ASEAN Architect Council (AAC) shall comprise one appointed representative from each Monitoring Committee (MC) of the participating ASEAN Member Countries.

4.3.2 The functions of the ASEAN Architect Council (AAC) shall include:

4.3.2.1 facilitating the development and maintenance of authoritative and reliable Registers of ASEAN Architects (AAR);

4.3.2.2 promoting the acceptance of ASEAN Architects (AA) in each participating ASEAN Member Country as possessing general technical and professional competence that is substantially equivalent to that of professional architects registered or licensed in the Country of Origin;

4.3.2.3 developing, monitoring, maintaining and promoting mutually acceptable standards and criteria for facilitating practice by ASEAN Architects (AAs) throughout 14 the participating ASEAN Member Countries;

4.3.2.4 seeking to gain a greater understanding of existing barriers to the practice of architecture and to develop and promote strategies to help governments and licensing authorities reduce those barriers and manage their processes in an effective and non-discriminatory manner;

4.3.2.5 encouraging the relevant governments and licensing authorities to adopt and implement streamlined procedures for granting rights to practice to ASEAN Architects (AA), through the mechanisms available within ASEAN;

4.3.2.6 identifying and encouraging the implementation of best practice for the preparation and assessment of architects intending to practise at the professional level; and

4.3.2.7 continuing mutual monitoring and information exchange by whatever means that are considered most appropriate, including but not limited to:
(a) regular communication and sharing of information concerning assessment procedures, criteria, systems, manuals, publications and lists of recognised practitioners;
(b) informing all Professional Regulatory Authorities (PRAs) when it has been notified that an ASEAN Architect (AA) is no longer qualified to undertake practice of architecture in the Country of Origin, has not complied with the Continuing Professional Development (CPD) policy of the Country of Origin at a satisfactory level, or has seriously violated technical, professional or ethical standards either in the Country of Origin or the Host Country, whereby such violations have led to deregistration or suspension from practice or withdrawal from the ASEAN Architect Register (AAR);
(c) informing the Monitoring Committee of the Country of Origin when it has been notified that an architect from the Country Of Origin who has undertaken practice of architecture in a Host Country is not a registered ASEAN Architect (AA);
(d) verifying the operation of the procedures of participating ASEAN Member Countries; and
(e) observing the open meetings of any Professional Regulatory Authorities (PRAs) and/or commissions responsible for implementing key aspects of these procedures and relevant open meetings of the governing bodies of the participating ASEAN Member Countries.

4.3.3 The ASEAN Architect Council (AAC) may, whenever it deems appropriate, invite the non-participating ASEAN Member Countries to attend as observers to its meetings.

4.3.4 The ASEAN Architect Council (AAC) shall report its progress of work to the ASEAN Coordinating Committee on Services (CCS).

4.3.5 The administration of the ASEAN Architect Council (AAC) shall be facilitated by a Secretariat. The establishment and funding of the Secretariat shall be decided by the ASEAN Architect Council (AAC).

4.3.6 General Meetings of the ASEAN Architect Council (AAC) shall be held at least once in each two year period to deal with applications by Monitoring Committees seeking authorisation to initiate Registers and/or authorisation to review the Guidelines on Criteria and Procedures (Appendix B), Assessment Statement (Appendix C), Appendix D and other related guidelines, procedures and documentation, and recommend any amendments to all the Professional Regulatory Authorities (PRAs).

ARTICLE 5 MUTUAL EXEMPTION

5.1. The participating ASEAN Member Countries recognise that any arrangement, which would confer exemption from further assessment by the Professional Regulatory Authority (PRA) that control the right to practise in each country, could be concluded only with the involvement and consent of the Professional Regulatory Authority (PRA), and the relevant government agencies;

5.2 The participating ASEAN Member Countries note that licensing or registering authorities have statutory responsibility for protecting the health, safety, environment and welfare of the community within their jurisdictions, and may require Architects who do not meet the requirements stipulated under Article 3 to submit themselves to some form of supplemental assessment as determined by the ASEAN Architect Council (AAC);

5.3 The participating ASEAN Member Countries consider that the objectives of such supplemental assessment should be to provide the relevant authorities with a sufficient degree of confidence that the Architects concerned:

5.3.1 understand the general principles behind applicable codes of practice and laws;

5.3.2 have demonstrated a capacity to apply such principles safely and efficiently; and 5.3.3 are familiar with other special requirements operating within the Host Country.

ARTICLE 6 AMENDMENTS

6.1 Any ASEAN Member Country may request in writing any amendment to all or any part of this Arrangement.

6.2 Unless otherwise provided by this Arrangement, the provisions of this Arrangement may only be modified through amendments mutually agreed upon in writing by the Governments of all ASEAN Member Countries. Any such amendment agreed to shall be reduced in writing and shall form part of this Arrangement and shall come into force on such date as may be determined by all the ASEAN Member Countries.

6.3 Notwithstanding Article 6.2 above, the provisions in Appendices B, C and D and other related guidelines, procedures and documentation may be modified through amendments mutually agreed upon in writing by all the Professional Regulatory Authorities (PRA) of the participating ASEAN Member Countries, provided that the amendments shall not contradict or modify any of the provisions in the main text of this Arrangement. Any amendment agreed to shall be reduced in writing and shall form part of this Arrangement and shall come into force on such date as may be determined by the Professional Regulatory Authorities (PRA) of the participating ASEAN Member Countries. All agreed amendments shall be implemented by the ASEAN Architect Council (AAC).

6.4 Any amendment shall not prejudice the rights and obligations arising from or based on this Arrangement prior or up to the date of such amendment.

6.5 In the event that any provision in Articles 1 to 8 is inconsistent with any provision in Appendices B, C and D, the provision in Articles 1 to 8 shall take precedence.

ARTICLE 7 DISPUTE SETTLEMENT

The provisions of the ASEAN Protocol on Enhanced Dispute Settlement Mechanism, done at Vientiane, Lao PDR on the 29 November 2004, shall apply to disputes concerning the interpretation, implementation, and/or application of any of the provisions under this Arrangement.

ARTICLE 8 FINAL PROVISIONS

8.1 The terms and definitions and relevant provisions of the General Agreement On Trade in Services (GATS) and ASEAN Framework Agreement On Services (AFAS) shall be referred to and shall apply to matters arising under this Arrangement for which no specific provision has been made herein. 8.2 This Arrangement shall enter into force on the date of signature by all ASEAN Member Countries.

8.3 After this Arrangement enters into force pursuant to Article 8.2, any ASEAN Member Country which wishes to participate in this Arrangement (referred to in this Arrangement as a “participating ASEAN Member Country”) shall notify the ASEAN Secretary-General in writing of its effective date of participation, and the ASEAN Secretary-General shall thereafter notify the rest of the ASEAN Member Countries of the same.

8.4 Any participating ASEAN Member Country wishing to cease participation in this Arrangement shall notify the ASEAN Secretary-General in writing at least twelve months prior to the date of its effective date of non-participation, and the ASEAN Secretary-General shall thereafter notify the rest of the ASEAN Member Countries of the same.

8.5 This Arrangement shall be deposited with the ASEAN Secretary-General, who shall promptly furnish a certified copy thereof to each ASEAN Member Country.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective governments, have signed this ASEAN Mutual Recognition Arrangement on Architectural Services.

DONE at Singapore, this Nineteenth Day of November in the year Two Thousand and Seven, in a single original copy in the English language.