萬國法律事務所

On 29 July 2010, Taiwan’s Cabinet approved amendments to the Architects Act, which will lift restrictions on the organizational structure of architecture firms and repeal the prohibition against practice by foreign architects in Taiwan. Once passed by the Legislative Yuan, the amendment will allow architecture firms to be incorporated and will also grant foreign architects access, based on a mutual recognition treaty or pact, to work in Taiwan.

Under the current Architects Act, an architect may only practice his/her profession under an individual or joint architecture firm and such firm is prohibited from being incorporated. However, as Taiwan is a member of the World Trade Organization, the current Act fails to accommodate the capital needs of architecture firms in light of the size of construction projects currently being contemplated. In response, a provision was proposed by the Cabinet into the Architects Act, which not only lifts the restriction on incorporation but also explicitly allows each licensed architect to incorporate and to freely join such firms as well.

The amendment provides that foreign architects may practice in Taiwan if the country where he/she is licensed has entered into a mutual recognition treaty or pact with Taiwan. According to officials from the Ministry of the Interior, negotiations between the National Architecture Association of Taiwan (“NAA”) and equivalent organization in Australia have reached a the point where a mutual recognition treaty between the two countries may be entered into in the near future. NAA has also approached relevant authorities in the Philippines, Mexico and Hong Kong.

The amendments, once passed by the Legislative Yuan, will constitute the most significant change to the Architects Act since the Act was promulgated in 1971.