Chương III Luật Công nghệ thông tin 2006: Phát triển công nghê thông tin

Chapter III

INFORMATION TECHNOLOGY DEVELOPMENT

Section 1. INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT

Article 38.- Promotion of information technology research and development

1. The State encourages organizations and individuals to research into and develop technologies and information technology products for socio-economic development, defense and security maintenance, and improvement of people's material and spiritual life.

2. Organizations and individuals engaged in research and development of technologies and information technology products for socio-economic management and technological renewal are entitled to tax, credit and other preferences under the provisions of law.

3. The State creates conditions for organizations and individuals engaged in scientific and technological activities to transfer results of research into, and development of, technologies and information technology products for wide application to production and life.

Article 39.- Material and technical foundations in service of information technology research and development activities

The State shall mobilize capital sources for investment in the construction of material and technical foundations of information technology research and development organizations; encourage organizations and individuals to invest in the construction of material and technical foundations in service of information technology research and development; invest in a number of international-standard key information technology laboratories; and promulgate a regulation on the use of key information technology laboratories.

Article 40.- Research into, and development of, technologies and information technology products

1. The State encourages organizations and individuals to participate in research into, and development of, technologies and information technology products.

2. The State shall set aside part of the state budget for software research and development programs and subjects; prioritize the information technology research and development activities in universities and research institutes; and develop information technology-related models which associate research and training with production.

3. Agencies in charge of state management of information technology shall assume the prime responsibility for, and coordinate with agencies in charge of state management of science and technology in, selecting research and training establishments and enterprises to conduct research into, and development of, key information technology products.

Article 41.- Standardization and quality control in information technology application and development activities

1. The management of standards and quality of information technology products and services shall comply with the law on standardization and quality control.

2. To encourage organizations and individuals to produce and provide information technology products and services, publicize institution standards, ensuring their products' and services' conformity with publicized standards.

3. The quality of information technology products and services shall be managed in the following forms:

a/ Certification of the conformity with standards and technical regulations;

b/ Publicization of the conformity with standards and technical regulations;

c/ Quality assessment.

4. The Ministry of Post and Telematics shall publicize information technology products and services subject to the application of national or international standards; promulgate, and publicize the application of, technical regulations; specify the management of the quality of information technology products and services; set criteria for domestic and foreign testing agencies in service of management of the quality of information technology products and services and announce competent information technology-testing agencies.

5. The mutual recognition of assessment of information technology products' conformity with standards between the Socialist Republic of Vietnam and foreign countries or international organizations shall comply with treaties to which the Socialist Republic of Vietnam is a contracting party.

Section 2. DEVELOPMENT OF INFORMATION TECHNOLOGY HUMAN RESOURCES

Article 42.- Policies on development of information technology human resources

1. The State shall adopt policies to expand the scale and raise the quality of training of information technology human resources.

2. The State's priority and key programs and projects on information technology application and development must have contents on training of information technology human resources.

3. Organizations and individuals are encouraged to set up information technology human resource-training establishments in accordance with law.

4. Training establishments are entitled to preferences in information technology-related training activities like those applicable to software production enterprises.

5. The State shall adopt policies to support teachers, students and pupils in the national education system in accessing the Internet at educational establishments.

Article 43.- Information technology certificates

The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs in, specifying the conditions for information technology-related training activities, granting information technology certificates, and recognizing foreign organizations' information technology certificates used in Vietnam.

Article 44.- Employment of information technology human resources

1. People specialized in information technology application and development in state agencies are entitled to preferential working conditions.

2. Information technology-related professional criteria and titles shall be promulgated by competent state agencies.

Article 45.- Vietnamese guest workers

1. The State encourages organizations and individuals to seek and expand labor markets with a view to creating overseas jobs for Vietnamese laborers to take part in information technology-related activities according to the provisions of Vietnamese law, laws of host countries and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The State shall adopt preferential policies for foreign organizations and individuals as well as overseas Vietnamese to recruit domestic laborers for the development, production and outsourcing of information technology products.

Article 46.- Universalization of information technology knowledge

1. The State shall adopt policies to encourage the universalization of information technology knowledge nationwide.

2. Provincial/municipal People's Committees shall organize and carry out activities of universalizing information technology knowledge for organizations and individuals in their respective localities.

3. The Ministry of Education and Training shall formulate, and organize the execution of, programs on the universalization of information technology knowledge in the national education system.

4. The State shall adopt policies to support the learning and universalization of information technology knowledge for disabled people, poor people, ethnic minority people and other policy beneficiaries, suitable to development requirements in each period under the Government's regulations.

Section 3. DEVELOPMENT OF INFORMATION TECHNOLOGY INDUSTRY

Article 47.- Types of information technology industry

1. Hardware industry means an industry of producing hardware products, including accessories, components and digital equipment.

2. Software industry means an industry of producing software products, including system software, applied software, control software, automation and other similar products; providing installation and maintenance solutions and use instructions.

3. Content industry means an industry of producing digital information products, including socio-economic information, science-education information, culture-entertainment information in the network environment, and other similar products.

Article 48.- Policies on development of information technology industry

1. The State shall adopt preferential and priority policies on investment in the development of information technology industry, paying special attention to software industry and content industry, in order to make it a key economic sector in the national economy.

2. The State encourages investors to make venture investment in the information technology industry, development investment, and supply of low-price digital equipment.

3. The Government shall specify preference and priority levels and other conditions for development of the information technology industry.

Article 49.- Development of information technology industry market

Competent state agencies shall promulgate regulations on, and organize activities of development of the information technology industry market, including:

1. Promoting information technology application; prioritizing the use of state budget capital for the procurement and use of home-made information technology products;

2. Promoting trade, organizing domestic exhibitions and trade fairs, supporting enterprises to participate in international exhibitions and trade fairs, advertising for and marketing the image of Vietnam's information technology industry in the world;

3. Methods of valuating software in service of the management of information technology application and development projects.

Article 50.- Key information technology products

1. Key information technology products are information technology products satisfying one of the following requirements:

a/ The domestic market has a great demand for them and they can generate a high added value;

b/ Being exportable;

c/ Having positive impacts on technological renewal and having economic efficiency for other economic sectors;

d/ Meeting defense and security requirements.

2. The Ministry of Post and Telematics shall publicize lists, and formulate programs on development of, key information technology products in each period suitable to the planning on information technology industry development.

3. Information technology products on the lists of key information technology products specified in Clause 2 of this Article are prioritized by the State for investment in research, development and production.

4. Organizations and individuals engaged in research, development and production of key information technology products are entitled to preferences under the Government's regulations, to the state investment priority and part of the copyright royalties for key information technology products invested by the State.

5. Organizations and individuals engaged in research into, development and production of, key information technology products invested by the State shall satisfy conditions set by competent state agencies; neither hand over nor transfer technologies or solutions to development of key information technology products invested by the State without the consent of competent state agencies; submit to inspection and control by, and observe the reporting regime of, competent state agencies with regard to research into, development, production and trade promotion of key information technology products.

Article 51.- Information technology parks

1. Information technology parks are hi-tech parks or combined information technology-related research, development, production, business and training establishments. Organizations and individuals investing and operating in information technology parks are entitled to state preferential policies applicable to hi-tech parks.

2. To encourage domestic and foreign organizations and individuals to invest in and build information technology parks under the Government's planning.

Section 4. DEVELOPMENT OF INFORMATION TECHNOLOGY SERVICES

Article 52.- Types of information technology service

1. Investigation, survey and probing of the information technology market.

2. Consultancy, analysis, planning, classification and design in the information technology sector.

3. System integration, trial run, application management services, updating and confidentiality.

4. Design, storage and maintenance of websites.

5. Warranty, maintenance, and assurance of network and information safety.

6. Data updating, search, storage and processing, and database exploitation.

7. Distribution of information technology products.

8. Information technology-related training.

9. Certification of e-signatures.

10. Other services.

Article 53.- Policies on development of information technology services

1. The State shall adopt policies to encourage the development of information technology services.

2. The Government shall specify preferential regimes and other conditions for several types of information technology service.