CODE OF ETHICS AND PROFESSIONAL CONDUCT

I. INTRODUCTION

a) The purpose and objectives of the Institute are:- *

II. FAITHFUL DISCHARGES OF RESPONSIBILITIES

a) Code of Professional Conduct *

b) Guidelines For The Professional Conduct *

III. ADVERTISING AND SLOUCHING (IS PROHIBITED)

IV. POSITION OF CONFLICT

V. FAIRNESS BETWEEN PARTIES

VI. LOYALTY TOWARDS COLLEAGUES

VII. PARTNERSHIP WITH OTHER PERSONS

VIII. CONDITIONS OF ENGAGEMENT AND SCALE OF FEES

IX. REMUNERATION

X. INVOLVEMENT WITH OTHER TRADES



  1. INTRODUCTION

This code expresses in general terms the level of professional conduct expected of members and affiliates of the Institute. It does not guarantee the moral actions on the part of the members and affiliates. The level of professional conduct depends on the integrity of each individual member to conduct himself or herself in a responsible manner in dealings with clients and other professionals.

    1. The purpose and objectives of the Institute are:-

      1. To promote the development of Landscape Architecture in Malaysia in all aspects of its planning, design, implementation and management.

      2. To seek the enlistment of all local professional landscape architects so as to fully develop their professionalism.

      3. To uphold and direct the privileges of all members as well as to protect their rights and responsibilities.

      4. To provide for the advancement of landscape architecture education and to assist institutes of higher learning to develop and improve the curriculum; and to assist Government Agencies to meet the needs for the service of qualified landscape architects that are registered as Members.

      5. To acknowledge and accredit landscape architecture works which are high quality for the benefits of the society at large; especially in the efforts to develop and improve urban spaces, children playgrounds, open spaces and environmental projects in general.

      6. To create and develop social awareness and understanding of functional and aesthetics aspects of landscape architecture and the paramount needs of planning for the betterment of quality human life, especially in congested urban areas so that the people can experience environmental beauty and aesthetics and the ameliorate congestion and tension.

      7. To protect, develop and uphold the privileges, status and integrity of all aspects of members of good standing and to assist and guide them in their professional tasks and responsibilities so as to satisfy both clients and employers who uses their services in all developments and so that the results of their works can be experienced and enjoyed by the society; thus the quality of Malaysian society can be improved.


 

  1. FAITHFUL DISCHARGES OF RESPONSIBILITIES

  1. Code of Professional Conduct
  1. A member shall at all times, further the welfare and advancement of the profession by staving the highest level of professional services

  2. A member shall avoid even the appearance of improper professional conduct.

  3. A member shall exercise effort towards the preservation and protection of our natural resources and towards the understanding the interaction of the economics and social system with these resources.

  4. A member shall upward his/her social and environmental responsibility to reconcile the public needs and the natural environment with minimal disruption to the natural system.

  5. A member shall serve the client or employer with integrity, understanding, knowledge and creative ability.

  6. A member shall promote educational research and the development and dissemination of useful technical information relating to planning, design and construction of the physical environment.

  7. A member shall respond morally to social, political, economic and technical influences.
  1. Guidelines For The Professional Conduct

  1. A member shall truthfully and clearly inform the client or employer of his/her qualifications and capabilities to perform services or project.

  2. A member shall not make exaggerated, misleading, deceptive or false statements or claims to the public about his/her professional qualifications, experience or performance.

  3. A member shall make full disclosure to the client or employer any financial interest, which even remotely bears upon the services or project.

  4. A member shall not give, lend, or promise anything of value to any public official in order to influence or attempt to influence the official’s judgement or actions in the letting contracts.

  5. A member shall be free of any constraints from his/her fellow members if he/she wishes to participate in a price or competitive bidding selection when such method is selected by a client processes that establish as their primary consideration in the selection of landscape architects, the ability and competence of the landscape architects to provide the required services.

  6. A member shall recognise the contribution of others engaged in the planning and design and construction of the physical environment shall not knowingly make false statements about their works or maliciously injure or attempt to injure the prospects, practice or employment position of those so engaged.

 

  1. ADVERTISING AND SLOUCHING (IS PROHIBITED)

  1. A member shall not advertise for or solicit business or allow any member of his/her staff to do so, otherwise than on behalf and for the benefit of his/her client. He/she shall not give or offer remuneration or other consideration for the introduction of clients or business.

  2. A member may publish or consent to the publication of a series of illustrations, whether in the form of circular, brochure or book, with or without factual information of any projects for which he/she has been responsible and containing the factual composition and personal of his/her firm. However, he/she shall not distribute such publication with intention to solicit.

  3. A member may advertise for a professional appointment and the change of practice particulars provided always that the advertisement so inserted by him/her agency comply with the following conditions:

  1. that the said advertisement is not an intentional attempt to bring the activities of the landscape architect or him/her firm to the notice of the public;

  2. that the said advertisement shall contain no illustration or logos;

  3. that the said advertisement shall contain no combative or superlative descriptions of his/her practice;

  4. that the published information must be factual, and

  5. That the name of the advertiser is not printed with undue prominence.

 

 

  1. POSITION OF CONFLICT

A member shall not assume or consciously accept a position in which his/her interest is in conflict with his/her professional duty and responsibility. A member shall declare his/her interest to his/her client in writing.

 

  1. FAIRNESS BETWEEN PARTIES

A member shall at all times apply the condition of a contract with entire fairness between his/her client, employer’s client or employer and a contractor, and in all questions arising between his/her employer and a contractor , and in all cases in which he/she is acting between parties, he/she shall act in an impartial manner.

 

  1. LOYALTY TOWARDS COLLEAGUES

A member shall at all times, with regard to the interests of his/her client or employer, act loyally towards other members:

  1. A member shall not pass unfavourable comments against another member.

  2. When accepting a commission on which another member has already been involved, the member shall ensure that his/her services have been properly terminated and all outstanding fees have been settled.

  3. A member shall bot attempt to supplant another member nor shall he/she compete with another member by means of reduction of fees or by inducements.


  1. PARTNERSHIP WITH OTHER PERSONS

    1. No member shall enter into partnership with a member of any other allied registered profession who does not abide by the ILAM Code of Conduct. Any breach of the Code by any member of the partnership shall be deemed a breach by the ILAM member.

    2. A member may enter into a partnership with foreign landscape architects or consultants or he/she can also employ foreign landscape architects to assist him/her works, provided that he/she remains statutory responsible for such works and provided such a partnership or employment does not contravene the provision of any other law.

    3. A member either on his/her own or joint-ventureship with a foreign landscape architect working overseas, shall abide by the Code of Conduct of the Professional Institute of the country in which he/she is practising.

 

 

  1. CONDITIONS OF ENGAGEMENT AND SCALE OF FEES

Before concluding a contract with a client, a member shall inform the client of the Conditions of the Engagement of, and the Scale of Charges to be applied. (Conditions Engagement and Scale of Fees endorsed by ILAM Committee dated 21 June 1997).

 

  1. REMUNERATION

  1. A member in private practice is remunerated solely by his professional fees payable by his client.

  2. A member employed by any government department, statutory body or private company or firm may be paid by salary and given other benefits by his/her employer.

  3. A member shall not accept payment or other consideration from any source other than his/her client or employer in connection with the works and duties entrusted to him/her and shall not permit any member of his/her staff to receive such payment or other considerations.

  4. A member shall not receive any work which involves the giving to or receiving from his/her of discounts or commissions. A member shall not accept any discount, gift or commission from constructors or tradesmen, whether employed upon his/her work or not.

  5. A member shall not receive documentation costs. Such costs shall be borne by his/her client or employer.

  6. A member may not be paid professional fees for consultancy services on the works of another member or members form, provided that a client engages him/her for the purpose of rendering such services and he/she assumes responsibility for those services.

  7. A member shall not levy indemnity payment on the contractor for delays in project implementation, such payments shall form part of his/her conditions of engagement with his/her client.



  1. INVOLVEMENT WITH OTHER TRADES

      1. A member shall not, while practising his/her profession, carry on or engages in any trade or business, which are inconsistent with the fittings and proper discharges of his/her professional duties. He/She must not hold, assume or consciously accept a position in such trade or business in which his/her interest is in conflict with his/her professional duty.

      2. A member, while practising his/her profession, may also be a developer or a director or a shareholder of a property development company, a landscape contractor or a director or shareholder of a manufacturing company, an agent for any building materials, components or system, a director or shareholder of a property management company, provided that:

  1. he/she declares his/her interest to his/her client and potential clients in writing at the time of his/her appointment as a Landscape Architect Consultant;

  2. He/she avoids being in a position of conflict in discharging his/her professional duties;

  3. He/she complies with the Code whilst serving as a Landscape Architect Consultant; and


    1. A member cannot be an arbitrator if he/she is also the developer or the builder for that contract.

    2. A member is permitted to be a turnkey operator or other package provided that in carrying out such activities, he/she must not contravene this Code.

    3. A member shall not be involved in the promotion of any services or products.

    End.