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
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(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;
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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.
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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
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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
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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
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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.
Hello, ask ko lang kung pwede gawin ang DEA sa USA at American architect amg mag sign sa logbook?
ReplyDeleteonly Filipino RLA can sign the logbook for the DEA
ReplyDeletea Filipino RLA can vouch for your work overseas and sign your logbook.
ReplyDeletehi, ask ko lang if pwede ba yung background for interior design(kitchen maker) sa DEA requirements to get exam? Please help thanks!
ReplyDelete