Preparation of Law for ASEAN Framework on Services: Case Study of Architectural Services

Abstract

As part of an agreement between the 10 ASEAN countries to form the ASEAN community, ASEAN members also entered into the Mutual Recognition Agreement (MRA) for 8 professions, namely, engineering, nursing, architecture, surveying, medical and dental, accountancy, and tourism services. For the architectural profession, ASEAN members already entered into the MRA in 2007, in order for the ASEAN members to mutually recognize the qualifications of architects of the member states, allowing foreign architects to work with local architects, under several conditions. This article is part of a research study – analysis of problems and approaches to becoming an ASEAN architect – that aims to: 1) research the advantages as well as limitations involved with becoming an ASEAN architect; and 2) study the guidelines for recommending legal measures related to becoming an ASEAN Architect in accordance with the liberalization of trade in services. The study revealed that there is not yet a clear procedure, whether in terms of the profession-related laws or other laws, especially the law regarding foreign workers. As a result, the current situation does not allow a seamless and smooth operation, including the consideration and approval process that will allow a full collaboration under the ASEAN Framework on Services and the creation of the ASEAN Mutual Recognition Arrangement on Architectural Services. Therefore, this study presents issues that can be applied to amend the law for the benefit of the architectural profession in ASEAN countries.