ASEAN Mutual Recognition Arrangement

• The ASEAN Mutual Recognition Arrangement on Architectural Services aims to facilitate architectural services among ASEAN Member Countries.
• Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Viet Nam are the member states.
• The arrangement seeks to improve efficiency, competitiveness, and production capacity within and outside ASEAN.
• It aims to eliminate trade restrictions and liberalize services beyond those under the General Agreement on Trade in Services (GATS).
• ASEAN Member Countries may recognize education, experience, licenses, or certifications granted in other member countries for licensing or certification purposes.
• Mutual Recognition Arrangements (MRAs) should be completed by 2008 to facilitate the free movement of professional labor/talents in ASEAN, following the Bali Concord II decision.
• The International Union of Architects (UIA) Accord on Recommended International Standards of Professionalism in Architectural Practice serves as an optional reference.
• A generic model MRA for Architectural Services is intended to strengthen professional capabilities by promoting information flow and exchanging expertise.

Objectives

• Facilitate mobility of Architects.
• Exchange information to promote best practices in architectural education, practice, and qualifications.
• Conform to ASEAN co-operations based on fair distribution of resources and benefits through collaborative research.
• Encourage and establish mutual recognition of Architects, setting up standards and committing to technological transfer among ASEAN Member Countries.

Definitions and Scope

• Accreditation: Quality assurance of Graduate Architects by national authorized bodies.
• Architect: A national of an ASEAN Member Country, assessed as technically, morally, and legally qualified, registered, and licensed by a Professional Regulatory Authority (PRA).
• Architectural Services: Activities covered under Central Product Classification (CPC) 8671 of the Provisional CPC of the United Nations.
• Assessment: Processes for reporting or comparing achievement.
• Benchmark: An agreed level by which others can be measured.
• Certification: Issuance of a certificate or license to those meeting specific requirements for registration.
• Country of Origin: The ASEAN Member Country where the Architect has an existing license.
• Criteria or Standards: Specification of qualities required to be met.
• Graduate Architect: A national of an ASEAN Member Country who has completed an architectural program meeting required criteria.
• Host Country: The country where the ASEAN Architect (AA) applies to work.
• Practice of Architecture: Provision of architectural services related to urban planning, design, construction, conservation, restoration, or alteration of buildings.
• Services include planning/land-use planning, urban design, preliminary studies, designs, models, drawings, specifications, technical documentation, construction economics, contract administration, monitoring, and project management.
• Professional Regulatory Authority (PRA): Government body regulating architecture practice.
• Recognition: Acceptance by the relevant authority of an ASEAN Member Country upon demonstrating compliance.
• Registered Foreign Architect (RFA): An ASEAN Architect (AA) authorized by the Professional Regulatory Authority (PRA) of a Host Country to work there.
• Registration: Process of placing individuals meeting specified requirements on a register.
• UIA Accord: The International Union of Architects Accord on Recommended International Standards of Professionalism in Architectural Practice.

Recognition, Qualifications, and Eligibility

• To become an ASEAN Architect (AA), one must meet specific qualifications.
• Complete an accredited architectural degree recognized by a professional architectural accreditation body.
  • Education must be at least five years, full-time, in an accredited program.
• Hold a current professional registration or licensing certificate to practice architecture in the Country of Origin.
  • Issued by the Professional Regulatory Authority (PRA) of the ASEAN Member Countries.
• Acquire at least ten years of continuous architectural practice after graduation.
  • At least five years after licensure/registration and two years in responsible charge of significant architectural works.
• Comply with the Continuing Professional Development (CPD) policy of the country of Origin.
• Obtain certification from the PRA with no record of serious violations of standards.
• Comply with other AAC requirements.
• An Architect eligible to apply to the ASEAN Architect Council (AAC) will be registered as an ASEAN Architect (AA) under the ASEAN Architect Register (AAR).
• ASEAN Architects (AA) can practice in specific projects they're deemed competent in.

Practicing in a Host Country

• An ASEAN Architect (AA) can apply to the PRA of a Host Country to be registered as a Registered Foreign Architect (RFA).
• Applicants must undertake to be bound by local and international codes of conduct.
• Applicants must be bound by the laws of the Host Country.
• Applicants must work either independently or in collaboration with local licensed architects in the Host Country, in accordance with local laws and regulations.
• With approval, an ASEAN Architect (AA) applicant can work as a Registered Foreign Architect (RFA)
• The ASEAN Architect (AA) must register with the PRA of the Host Country where one intends to practice.

ASEAN Architect Must:

• Show evidence of registration with the PRA of the Host Country as an ASEAN Architect (AA).
• Identify the architectural practice in the Host Country for collaboration.
• Pay the registration fee, not higher than that of domestic architects.

Professional Regulatory Authority (PRA) Responsibilities

• Consider applications from ASEAN Architects (AA) and authorize them to practice as Registered Foreign Architects (RFA).
• Monitor and assess the professional practice of Registered Foreign Architects (RFA).
• Report developments in the implementation of this Arrangement to relevant bodies.
• Maintain high professional and ethical standards in architecture.
• Notify the ASEAN Architect Council (AAC) Secretariat of contraventions or when an Architect is no longer qualified.
• Prepare rules and regulations for implementing the Arrangement.
• Exchange information on laws, practices, and prevailing developments to harmonize architectural practice.

Monitoring Committee (MC)

• Each participating ASEAN Member Country shall establish a Monitoring Committee (MC).
• The MC develops, processes, and maintains a national ASEAN Architect Register (AAR) in the Country of Origin.
• The MC is recognized as competent and may exercise functions on behalf of authorities responsible for registration and licensing.
• The MC can certify qualifications and experiences of individual architects.
• The MC's responsibilities include the development and maintenance of the national ASEAN Architects Register (AAR).
• Each MC prepares a statement setting out criteria and procedures for assessing compliance with Article 3.1 for ASEAN Architect applicants.
• The ASEAN Architect Council (AAC) reviews this statement based on guidelines in Appendices B, C, and D.

Each Monitoring Committee (MC) Ensures That

• All Architects registered as ASEAN Architects (AA) by the ASEAN Architect Council (AAC) Secretariat comply with requirements.
• Architects applying for registration as ASEAN Architects (AA) provide evidence of Continuing Professional Development (CPD).
• Architects registered by the ASEAN Architect Council (AAC) Secretariat as ASEAN Architects (AA) apply for renewal and provide evidence of CPD.
• Implementation and execution of amendments are agreed under Article 6.3 as directed by the ASEAN Architect Council (AAC).
• Withdrawal and deregistration from the national ASEAN Architects Register (AAR) occurs if Article 4.1.5 is applicable.
• Certificates of ASEAN Architect (AA) registration are issued, and advice is given on particulars of any registered ASEAN Architect (AA) on request.
• Notification of ASEAN Architect Council (AAC) and Monitoring Committee (MC) of the Country of Origin of non-AA practicing architects in the Host Country.

ASEAN Architect Council (AAC)

• The ASEAN Architect Council (AAC) is established and has the authority to confer and withdraw the title of ASEAN Architect (AA).
• The authority can be delegated to the authorized Monitoring Committee (MC) in each participating ASEAN Member Country.
• The ASEAN Architect Council (AAC) comprises one representative from each Monitoring Committee (MC) of the participating ASEAN Member Countries.

ASEAN Architect Council (AAC) Functions Include

• Facilitating the development and maintenance of authoritative registers of ASEAN Architects (AAR).
• Promoting acceptance of ASEAN Architects (AA) with substantially equivalent competence to architects registered in the Country of Origin.
• Developing mutually acceptable standards and criteria for practice by ASEAN Architects (AAs) throughout participating countries.
• Seeking greater understanding of barriers to architectural practice and developing strategies to reduce these.
• Encouraging governments and licensing authorities to adopt streamlined procedures for granting practice rights to ASEAN Architects (AA).
• Identifying and encouraging best practices for architect preparation and assessment.
• Continuing mutual monitoring and information exchange.
• Regular communication, information sharing on assessment procedures, criteria, systems, manuals, publications, and lists of recognized practitioners.
• Informing all Professional Regulatory Authorities (PRAs) when an ASEAN Architect (AA) is no longer qualified.
• Informing the Monitoring Committee of the Country of Origin of architects practicing in a Host Country who are not registered ASEAN Architects (AA).
• Verifying the operation of procedures of participating ASEAN Member Countries.
• Observing open meetings of Professional Regulatory Authorities (PRAs) and relevant governing bodies.
• The ASEAN Architect Council (AAC) may invite non-participating ASEAN Member Countries to attend its meetings as observers.
• The ASEAN Architect Council (AAC) reports to the ASEAN Coordinating Committee on Services (CCS).
• The AAC’s administration is facilitated by a Secretariat.
• General Meetings of the ASEAN Architect Council (AAC) are held at least once every two years to deal with applications.

Mutual Exemption

• Participating ASEAN Member Countries recognize that any arrangement conferring exemption from further assessment by the Professional Regulatory Authority (PRA) requires involvement and consent of the PRA and relevant government agencies.
• Licensing and registering authorities have responsibility for protecting health, safety, and the environment.
• Architects not meeting requirements under Article 3 may be required to undergo supplemental assessment as determined by the ASEAN Architect Council (AAC).

Supplemental Assessment

• Should provide relevant authorities with confidence that concerned Architects:
  • Understand general principles behind applicable codes of practice and laws.
  • Have capacity to apply such principles safely and efficiently.
  • Are familiar with other special requirements within the Host Country.

Amendments

• Any ASEAN Member Country may request amendments in writing.
• Amendments to provisions can only be made through mutual written agreement by Governments of all ASEAN Member Countries.
• Amendments to Appendices B, C, and D and related guidelines may be made through mutual agreement in writing by all Professional Regulatory Authorities (PRA).
• Any amendment must be implemented by the ASEAN Architect Council (AAC).
• Amendments should not prejudice rights and obligations arising before the amendment date.
• Inconsistency between Articles 1 to 8 and Appendices B, C, and D, Articles 1 to 8 prevail.

Dispute Settlement

• The ASEAN Protocol on Enhanced Dispute Settlement Mechanism applies to disputes concerning the interpretation, implementation, and/or application of the provisions.

Final Provisions

• Terms, definitions, and provisions of the General Agreement On Trade in Services (GATS) and ASEAN Framework Agreement On Services (AFAS) apply to matters not specifically addressed.
• The Arrangement comes into force on the date of signature by all ASEAN Member Countries.
• Countries wishing to participate must notify the ASEAN Secretary-General.
• Participating countries wishing to cease participation must notify the ASEAN Secretary-General at least twelve months prior.
• The Arrangement is deposited with the ASEAN Secretary-General.