Chương 1 Nghị định 71/2007/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope ofregulation

This Decree provides for information technology industry activities and measures to ensure the development of the information technology industry.

Article 2.- Subjects of application

This Decree applies to Vietnamese and foreign organizations and individuals engaged in information technology industry activities in the Vietnamese territory.

Article 3.- Interpretation ofterms

In this Decree, the terms below are construed as follows:

1. Software product means software, and accompanying documents which are produced and displayed or stored in objects ofany formand can be purchased, sold or transferred to other subjects for exploitatioiior use.

2. System software means a software used for organizing and maintaining the operation ofa system or digital equipment (below collectivefyreferredto as digital equipment). A system software may create an environment for application softwares to operate and be constantly in the operation status during the operation of digital equipment

3. Application software means a software developed and installed in a certain environment to perform specific tasks or operations.

4. Utility software means a software helping users organize, manage and maintain the operation of digital equipment

5. Tool software means a software used as a tool by software developers to use and develop other softwares.

6. Packaged software means a complete software product with a registered trademark which is multiplied for supply to the market

7. Software manufactured to order means software products manufactured under specific requirements of customers or users.

8. Embedded software means software products which are installed by the manufacturer before hand in digital equipment and operate together with digital equipment without requiring activation by users.

9. Softwareprocessing means activities whereby the processor manufactures and supplies software products or services or performs some stages to complete software products or services at the request of the processee.

10. Software service means activities in direct support or service of the manufacture, installation, exploitation, use, upgrading, warranty and maintenance of software and other similar activities related to software.

11. Digital information content products means information content products, including documents, data, images and sounds; which are displayed in the digital form, stored and transmittted in the nework environment

12. Digital information content services means services provided in the networt environment in direct support or service of the manufacture, exploitation, distribution, upgrading, warranty and maintenance of digital information content products and other similar activities related to digital information contents.

13. Audio-visual electronic equipment means electronic equipment capable of recording, storing, transmitting, broadcasting, attributing orsupplying image or sound information to users in any information format Audio-visual electronic equipment includes television sets, VCD and DVD players, hi-fis, digital music players, digital cameras, digital camcorders.

14. Electronic home appliances means electronic equipment used at home. Electronic home appliances include air conditioners, refrigerators, washing machines, vacuum cleaners and microwave ovens.

15. Specialized electronic equipment means electronic equipment used in specialized domains. Specialized electronic equipment includes measuring, automatic, medical and biological equipment and those in other specialized domains.

16. Information-telecommunications and multimedia equipment include switchboard, transmission or terminal equipment, optic or communication cables, satellite communication equipment and trarsmission-broadcaslingequipment

Article 4.- Contents of statemanagement of the information technology industry

1 .Formulating, organizing-the implementation of policies, strategies, plannings, plans and programs for development of the information technology industry.

2. Drafting, promulgating, and organizing the implementation of legal documents on the information technology industry.

3.Elaborating, promulating regulations on standards and quality applicable in the information technology industry; managing in formation safety and security in information technology industry activities.

4. Granting, suspending, invalidating and withdrawing information technology industry certificates.

5. Entering international cooperation on the information technology industry.

6. Managing investment in information technology industry activities in accordance with law.

7. Managing and developing human resources for the information technology industry.

8. Organizing the management and use ofnatural resources and national databases on the information technology industry.

9. Managing, making statistical reports on the information technology industry in accordance with law.

10. Supervising, inspecting, settling complaints about, denouncing and handling, violations in the information technology industry.

11. Mobilizing information infrastructure and equipment of the information technology industry in service of defense and security and in other emergency cases under the provisions of law.

Article 5.- Responsibility for state management of the information technology industry

1. The Ministry of Postand Telematics is answerable to the Govemmentfor assuming the prime responsibility for, and coordinating with concerned ministries and ministerial-level agencies in, performing the state management of the information technology industry.

2. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Post and Telematics in performing the state management of the information technology industry.

3. Provincial/municipal People's Committees shall perform the state management of the information technology industry in their respective localities according to the Government's regulations.

Provincial/municipal Services of Post and Telematics shall assist provincial/municipal People's Committees in performing the state management of the information technology industry in their respective localities.

Article 6.- Principles of international cooperation in information technology industry activities

The State shall adopt policies and measures to promote international cooperation with foreign countries and international organizations in information technology industry activities on the basis of respect for independence and sovereignty, equality and mutual benefit and in accordance with Vietnamese law as well as international law and practice with a view to developing the information technology industry and enhancing the friendly and cooperative relations and mutual understanding between Vietnam and foreign countries and international organizations.

Article 7.- Contents ofinternational cooperation in information technologyindustry activities

1. Disseminating and popularizing strategic development orientations and policies for the information technology industry to foreign countries and international organizations.

2. Establishing and developing cooperative relations in information technology industry activities.

3. Joining international information technology industry organizations.

4. Cooperating in, supporting and promoting the development of human resources for the information technology industry.

5. Cooperating in scientific research and transfer of advanced technologies.

6. Exchanging information and experience on information technology industry development

7. Formulating and implementing international information technology industry programs and projects.