Chương VI Nghị định 102/2009/NĐ-CP: Điều kiện năng lực của tổ chức, cá nhân hoạt động đầu tư ứng dụng công nghệ thông tin

Chapter VI

REQUIREMENTS ON CAPACITY OF ENTITIES ENGAGING IN INVESTMENT IN INFORMATION TECHNOLOGY APPLICATION

Article 60. General provisions on capacity requirements of relevant entities

1. Entities engaging in investment in IT application must satisfy requirements on capacity and experience as regulated in this Decree.

2. Individuals engaging in investment in IT application must possess diplomas or training certificates issued by qualified training facilities in conformity with undertaking works and have obtained certificates of completion of professional training courses in management of investment in IT application as regulated by the Ministry of Information and Communications.

3. Individual acting as director of project management and consultancy organization, or on-site commander, or construction supervisor shall only hold a single position within the same period.

The individual holding positions regulated in Clause 2 and Clause 3 of this Article must enter into contract with concerned organization as regulated by laws. Duration of such contract must be long enough for such individual to fulfill all assigned works according to undertaking position.

4. Organization's capacity for carrying out consultancy and investment in IT application shall be determined according to levels on the grounds of capacity conditions of individuals in such organization, consultancy experience, financial capacity, facilities and management capacity of such organization.

5. As for state-funded projects, the consultant engaging in the establishment of construction design shall not enter into supervision consultancy contract with the main investor to supervise the performance of the established construction design; the construction supervision consultant shall not enter into contract with construction contractors to carry out the inspection of investment quality of project in which the construction is supervised by such construction supervision consultant.

The construction supervision consultant shall also not enter into construction contract for performing project or investment work of the project under his construction supervision.

Article 61. Requirements on capacity of preliminary design chief

1. Capacity of preliminary design chief:

a) Must possess a university’s degree in information technology, has attended professional training courses for establishment and management of investment in IT application (project establishment and project management subjects) and must satisfied capacity requirements in corresponding with each level as follows:

b) Level 1:

An individual is recognized as Level-1 preliminary design chief if he has satisfied all requirements on Level 2, has at least 7 consecutive years of experience in establishment of project on IT application, and has participated in the establishment of at least 5 preliminary designs of group-A, group-B or group-C projects on IT application or has acted as preliminary design chief of a project of equivalent investment scale.

c) Level 2:

An individual is recognized as Level-2 preliminary design chief if he has at least 5 consecutive years of experience in establishment of project on IT application and has participated in the establishment of at least 3 investment reports or 2 feasibility study reports of group-C projects on IT application;

d) As for remote areas, individual who has college or vocational school’s diploma in information technology, has at least 3 consecutive years of experience in establishment of project on IT application and has participated in the establishment of at least 1 investment report of group-C project on IT application shall act as the preliminary design chief of the project that only requires the investment report established.

2. Scope of activities:

a) Level 1: Level-1 preliminary design chief can act as the preliminary design chief and establish national important projects, group-A, group-B and group-C projects on IT application;

b) Level 2: Level-2 preliminary design chief can act as the preliminary design chief and establish group-C projects on IT application;

c) Individuals who are not qualified for the aforesaid levels shall not hold the position of preliminary design chief but can participate in the establishment of preliminary design.

Article 62. Capacity requirements of project establishment consultancy organization

1. Capacity of project establishment consultancy organization is divided into 2 levels as follows:

a) Level 1:

The project establishment consultancy organization of this level must have at least 10 individuals possessing university’s qualifications in information technology, economics or finance in conformity with project’s requirements; among which there is an individual eligible for acting as level-1 preliminary design chief;

b) Level 2:

The project establishment consultancy organization of this level must have at least 7 individuals possessing university’s qualifications in information technology, economics or finance in conformity with project’s requirements; among which there is an individual eligible for acting as level-2 preliminary design chief.

2. Scope of activities:

a) Level 1: Level-1 project establishment consultancy organization can establish national important projects, group-A, group-B and group-C projects;

b) Level 2: Level-2 project establishment consultancy organization can establish group-C projects;

c) Organization that does not meet requirements for being classified into the aforesaid levels must enter into cooperation or joint venture contract with another qualified organization to perform project establishment job.

Article 63. Requirements on capacity of Director in charge of project management and consultancy

1. Capacity of Director in charge of project management and consultancy is divided into 2 levels. Individual who acts as the Director in charge of project management and consultancy must possess a university’s degree in information technology or higher, has attended professional training courses for management and investment in IT application (project establishment and project management subjects) and must satisfy requirements in corresponding with each level as follows:

a) Level-1 Director in charge of project management and consultancy:

- An individual is qualified for Level-1 Director in charge of project management and consultancy if he has qualified all requirements on capacity of Level-2 Director in charge of project management and consultancy, has at least 7 consecutive years of experience in project establishment and management, has participated in the project management job of 1 group-A project or 2 group-B projects or 5 group-C projects, and has acted as on-site commander of group-C project;

b) Level-2 Director in charge of project management and consultancy:

- An individual is qualified for Level-2 Director in charge of project management and consultancy if he has at least 5 consecutive years of experience in project establishment and management and has participated in the project management job of 1 group-B project or 2 group-C projects;

c) As for remote areas, individuals who have college or vocational school’s diplomas in information technology and have at least 3 consecutive years of experience in project management shall be eligible for acting as Directors in charge of project management and consultancy of projects that only require the investment reports established.

2. Scope of activities:

a) Level 1: Level-1 Director in charge of project management and consultancy can manage national important projects, group-A, group-B and group-C projects;

b) Level 2: Level-2 Director in charge of project management and consultancy can manage group-C projects.

Article 64. Requirements on capacity of project management and consultancy organization

1. Capacity of project management and consultancy organization is divided into 2 levels as follows:

a) Level 1:

- Level-1 Director in charge of project management and consultancy is available;

- There are at least 10 individuals who possess university’s qualifications in information technology, economics or finance in conformity with project’s requirements; among which there are individuals eligible for acting as chief surveyor, construction design chief and on-site commander; and requirements on capacity of level-1 construction supervision organization have been satisfied.

b) Level 2:

- Level-2 Director in charge of project management and consultancy is available;

- There are at least 7 individuals who possess university’s qualifications in information technology, economics or finance in conformity with project’s requirements; among which there are individuals eligible for acting as chief surveyor, construction design chief and on-site commander; and requirements on capacity of level-2 construction supervision organization have been satisfied.

2. Scope of activities:

a) Level 1: Level-1 project management and consultancy organization can manage national important projects, group-A, group-B and group-C projects;

b) Level 2: Level-2 project management and consultancy organization can manage group-C projects;

c) Organization that does not meet requirements for being classified into the aforesaid levels must enter into cooperation or joint venture contract with another qualified consultancy organization to perform the project management and consultancy job.

Article 65. Requirements on capacity of chief surveyor

Chief surveyor must possess a university’s degree in information technology and has attended professional training courses for management and investment in IT application (project establishment and project management subjects), and is ranked into the following groups:

a) If the individual has participated in the performance of at least 2 survey tasks of group-A projects or 3 survey tasks of group-B or group-C projects, he shall be eligible for acting as chief surveyor of group-A project;

b) If the individual has participated in the performance of at least 2 survey tasks of group-B or group-C projects, he shall be eligible for acting as chief surveyor of group-B or group-C project.

Article 66. Requirements on capacity of survey consultancy organization

1. Requirements on capacity of survey consultancy organization:

a) There are at least 10 individuals who possess university’s degrees in information technology in conformity with requirements on survey tasks; among which there are individuals eligible for acting as chief surveyors of project groups in conformity with requirements on survey tasks.

b) Equipment for carrying out each survey job is available.

2. Scope of activities: Survey consultancy organization can carry out the survey for establishing investment projects or establishing construction designs in conformity with capacity of chief surveyor and requirements on survey tasks.

Article 67. Requirements on capacity of construction design chief

1. Construction design chief must possess a university’s degree in information technology or higher and is divided into 2 levels as follows:

a) Level 1:

- An individual is eligible for level-1 construction design chief if he has satisfied all requirements on level-2 construction design chief and has attended professional training courses for management and investment in IT application (subjects of project establishment and management, establishment of cost estimate of IT application investment); and

- Has hold the role of construction design chief of at least 01 group-A project, or 02 group-B projects, or has participated in construction design job of 5 group-C projects, and has at least 7 consecutive years of experience in construction design;

b) Level 2:

- An individual is eligible for level-2 construction design chief if he has attended professional training courses for management and investment in IT application (subjects of project establishment and management, establishment of cost estimate of IT application investment); and

- Has hold the role of construction design chief of at least 01 group-B project, or has participated in construction design job of 2 group-C projects, and has at least 5 consecutive years of experience in construction design;

c) As for remote areas, individuals who have college or vocational school’s diplomas in information technology, have at least 3 consecutive years of experience in construction design shall be eligible for acting as the construction design chief of project that only requires investment report established.

2. Scope of activities:

a) Level 1: Level-1 construction design chief can hold the role of construction design chief of group-A, group-B and group-C projects;

b) Level 2: Level-2 construction design chief can hold the role of construction design chief of group-B and group-C projects;

Article 68. Requirements on capacity of construction design and consultancy organization

1. Capacity of construction design and consultancy organization is divided into 2 levels as follows:

a) Level 1:

- There are at least 10 individuals who possess university’s qualifications in information technology, economics or finance;

- Level-1 construction design chief is available;

- Level-1 construction design and consultancy organization has performed the construction design of at least 01 group-A project or 02 group-B projects or 5 group-C projects;

b) Level 2:

- There are at least 7 individuals who possess university’s qualifications in information technology, economics or finance;

- Level-2 construction design chief is available;

- Level-2 construction design and consultancy organization has performed the construction design of at least 01 group-B project or 02 group-C projects.

2. Scope of activities:

a) Level 1: Level-1 construction design and consultancy organization can perform construction design of national important projects, group-A, group-B and group-C projects;

b) Level 2: Level-2 construction design and consultancy organization can perform construction design of group-B and group-C projects;

c) Organization that does not meet requirements for being classified into the aforesaid levels must enter into cooperation or joint venture contract with another qualified organization to perform the construction design job.

Article 69. Requirements on capacity of construction supervision and consultancy organization

1. Capacity of construction supervision and consultancy organization is divided into 2 levels as follows:

a) Level 1:

- There are at least 10 individuals who possess university’s qualifications in information technology and have attended professional training courses for management and investment in IT application (construction supervision subject);

- Such organization has performed the construction supervision of at least 01 group-A project or 02 group-B projects or 03 group-C projects;

b) Level 2:

- There are at least 7 individuals who possess university’s qualifications in information technology and have attended professional training courses for management and investment in IT application (construction supervision subject);

- Such organization has performed the construction supervision of at least 2 group-C projects.

2. Scope of activities:

a) Level-1 construction supervision and consultancy organization can perform the construction supervision of group-A, group-B and group-C projects;

b) Level-2 construction supervision and consultancy organization can perform the construction supervision of group-C projects;

c) Organization that does not meet requirements for being classified into the aforesaid levels must enter into cooperation or joint venture contract with another qualified consultancy organization to perform the construction supervision.

Article 70. Requirements on capacity of on-site commander

1. On-site commander must possess a university’s degree in information technology or higher and has at least 5 consecutive years of experience in construction and installation of IT infrastructure system.

As for remote areas, individuals who have college or vocational school’s diplomas in information technology and have at least 3 years of experience in construction and installation of IT infrastructure system shall be also eligible for holding the position of on-site commander.

2. Scope of activities: On-site commander shall direct the construction and installation of IT infrastructure system of group-A, group-B and group-C projects at construction site.

Article 71. Requirements for freelancers specialized in design, survey and supervision

1. Requirements for freelancers specialized in design, survey and supervision:

a) The freelancer must possess university’s qualification in information technology and has attended professional training courses for management and investment in IT application (with suitable subjects);

b) The freelancer has to register for individual taxpayer identification number as regulated by the laws;

c) The freelancer must satisfy requirements on experience according to each undertaking position.

2. Scope of activities:

a) Freelancer specialized in survey can act as chief surveyor, carry out the survey, establish survey tasks and prepare reports on survey results if all requirements on capacity regulated in Clause 1 of this Article have been satisfied;

b) Freelancer specialized in design can act as preliminary design chief, develop preliminary design and construction design if all requirements on capacity regulated in Clause 1 of this Article have been satisfied;

c) Freelancer specialized in survey or construction supervision can supervise the survey or construction job if all requirements on capacity regulated in Clause 1 of this Article have been satisfied.

3. When freelancers perform relevant works, they must comply with regulations of this Decree and relevant laws.

Article 72. Requirements on capacity of foreign entities providing consultancy or performing contracts in the field of IT application investment in Vietnam

Foreign entities that provide consultancy or perform contracts in the field of IT application investment in Vietnam must satisfy all requirements on capacity as regulated in this Decree, obtain operation licenses from the state competent authorities and comply with relevant laws of Vietnam.