Chương 2 Nghị định 71/2007/NĐ-CP: Hoạt động công nghiệp công nghệ thông tin

Chapter II

INFORMATION TECHNOLOGY INDUSTRY ACTIVITIES

SECTION I. TYPES OF INFORMATION TECHNOLOGY INDUSTRY ACTIVITIES

Articles 8.- Hardware industry activities

1. Hardware industry activities include designing and manufacturing hardware products; assembling and processing hardware products; providing hardware industry services.

2. Hardware products are of the following groups:

a/ Computers, network equipment, peripheral devices;

b/ Audio-visual electronic equipment;

c/ Electronichome appliances;

d/ Specialized electronic equipment;

e/ Communication-telecommunication and multimedia equipment;

f/ Electronic accessories and components;

g/ Other hardware products.

3. Hardware services include the following:

a/ Counseling and support for customers to install hardware products;

b/ Distribution and circulation ofhardware products;

c/ Installation, repair, maintenance and warranty of hardware products;

d/ Import and export ofhardware products;

e/ Other hardware services.

Article 9.- Software industry activities

1. Software industry activities are activities of designing, manufacturing and supplying software products and services, including manufacturing packaged softwares, manufacturing softwares under orders or embedded softwares; processing softwares and providing software services.

2. Software products include:

a/ System softwares;

b/Application softwares;

c/Utility softwares;

d/Tool softwares;

e/ Other softwares.

3. Software-services include:

a/ Administration, warranty and maintenance of operations ofsoftwares and information systems;

b/ Software quality counseling, assessment and evaluation;

c/ Software project counseling and formulation;

d/ Softwarevaluation counseling;

e/ Software technology transfer;

f/ System integration;

g/ Assurance of safety and security for software products and information systems;

h/ Distribution and supply ofsoftware products;

i/ Other software services.

Article 10.- Content industry activities

1. Content industry activities include activities of manufacturing digital information content products and providing digital information content services.

2. Digital information content products include:

a/ Textbooks, lectures and learning materials in the electronic form;

b/ Books, newspapers and documents in the digital form;

c/ Electronic games, including PC games, online games and mobile phone games; interactive TV games;

d/ Entertainment products in mobile or fixed telecommunications networks;

e/ Digital libraries, databases or dictionaries;

f/ Digital films, photos, music or advertisements;

g/ Other digital information content products.

3. Digital information content services include:

a/ Distribution and supply of digital information content products;

b/ Entry, updating, search, storing and processing of digital data;

c/ Administration, maintenance and warranty of digital information content products;

d/ Modification, addition of utilities and localization of digital infonnation contentproducts;

e/ Distanretraining; distance health examination and treatment; and communication services provided in the network environment;

f/ Other information content services.

Article 11.- Lists of digital information content services and products

The Ministry of Postand Telematics shall periodically promulgate detailed lists of digital information content services and products defined in Articles 8, 9 and 10 of this Decree.

SECTION 2. DEVELOPMENT OF KEY INFORMATION TECHNOLOGY INDUSTRY PRODUCTS

Article 12.- Programs on and list of key information technology products

1. The State eneourages and gives special investment incentives for research development and production of key information technology products defined in Article 50 of the Law on Information Technology in accordance with the investment law.

2. The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, working out programs for the development of key information technology products and submitting them to the Prime Minister for approval.

3. The Ministry of Post and Telematics shall promulgate a list of key information products elaborate and organize the implementation of annual plans on the development of key information technology products.

4. Based on the program for the development of key information technology products approved by the Prime Minister, the Miristry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance and the Ministry of Post and Telematics in, summing up and arranging state budget capital in annual plans onstate development investment in key informarion technology products andsubmitring them to competent authorities for decision.

5. Ministries and ministerial-level agencies shall, on the basis of their functions, tasks and powers, coordinate with the Ministry of Post and Telematics in, implementing programs and plans on the development of key information technology products.

6. Provincial/municipal People's Committees shall, on the basis of the list of key information technology products defined in Clause 3 of this Article, elaborate programs for the development of key information technology products in their respective localities and plans on the allocation of local budgets for these programs.

Article 13.- Participation in research and development, and manufacture of key information technology products

1. Organizations and individuals may participate in the research and development, and manufacture of key information technology products.

2. Organizations and individuals participating in state funded programson the development of key information technology products must meet the following conditions:

a/ Their operation domains and professional qualifications are relevant to the research and development, manufacture and trading of products on the list of key information technology products;

b/Their technical and technological capabilities, and solutions for the development of information technology products are compatible with these programs.

3. The Ministry of Post and Telematics shall specify conditions on professional qualificarions, technical and technological capabilities as well as solutions for the development of information technology products prescribed in this Article.

Article 14.- Procedures for registration of participation in state budget-funded research and development or manufacture of key information technology products

1. For organizations and individuals, a registration dossier comprises:

a/ An application for registration of participation in the program on the development of key information technology products;

b/ The business registration certificate or investment certificate, for enterprises;

c/ The feasibility study report on research and development or manufacture of information technology industry products, including manufacture and business purposes; production and business plans; technological and technical solutions; expected outcomes; and commitments on the implementation of the project for proper purposes and on schedule.

2. The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, processing dossiers of registration for participation in the central budget-funded research and development or manufacture of key infomation technology products in accordance with law.

3. Provincial/municipal People's Committees shall .receive, process and handle dossiers of registration for participation in the local budget-funded research and development or manufacture of key information technology products in accordance with law.

SECTION 3. RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS INVOLVED IN INFORMATION TECHNOLOGY INDUSTRY ACTIVITIES

Article 15.- Rights and responsibilities of organizations and individuals engaged in information technology industry activities

1. Organizations or individuals engaged in information technology industry activities have the following rights:

a/ To participate in the research and development of information technology products;

b/ To manufacture and supply information technology products;

c/ To digitalize, maintain and increase the value of, information resources;

d/To register intellectual property rights to products and services which they create and the State protects in accordance with law,

e/ To exercise other rights in accordance with law.

2. Organizations and individuals engaged in information technology industry activities have the following responsibilities:

a/ To meet the prescribed conditions and comply with the provisions orth e Law on Information

Technology, the Investment Law, the Enterprise Law, the Law on Enterprise Income Tax, the Law on Intellectual Property, the Law on Technology Transfer and relevant laws;

b/ To ensure the truthfulness of research and development as well as manufacture results;

c/ By March 15 annually at the latest, information technology industry enterprises shall send reports on the previous year's situation of specialized information technology industry activities to provincial municipal Post andTelematics Services of their respective localities. The Ministry of Post andTelematics shall specify the contents of those reports.

Article 16.- Rights and responsibilities of organizations and individuals engaged in software industry activities

Organizationsand individuals engaged in software industry activities shall comply with the provisions of Article 15 of this Decree, the relevant provisions of law and the following provisions:

1. Organizations and individuals may not commitacts in order to obtain source codes of softwares, software design structures or basic contents of softwares and software documents without permission of software owners.

2. Individuals who are hired to research and develop softwares or any individuals who have access to softwares may not copy and use for any purposes those softwares, software documents, software structures, software source codes or their basic contents without permission ofinvestors of research and development of those softwares.

Article 17.- Rights and responsibilities of organizations and individuals engaged in content industry activities

1. Organizations and individuals engagedin content

industry activities shall complywith the provisions of Clauses 2 and 3 of Article 9, Clause 2 of Article 12 of the Law on Information Technology and Article 15 of this Decree.

2. Organizations and individuals engaged in the manufacture or supply of complete digital information content packages shall display on digital information content products or their packages the following contents:

a/The date of manufacture;

b/ The name of the manufacturer

c/ The serial number of the business registration certificate or code granted by acompetent state agency;

d/ The trademark of the product;

e/ Conditions forthe use of digital information content products;

f/ Other necessary conditions.

3. Within five years from the date of manufacture of digital information content products, organizations and individuals may not infringe up on the interests of rnanufacturers of those products by copying, reproducing or transmitting the whole or a part of contents of the products for profit-making purposes.

4. Digital information content products protected under the intellectual property law shall be governed by the intellectual property law.

Article 18.- Rights and responsibilities of organizations and individuals engaged in research and development or manufacture of key information technology products

1. Organizations and individuals engaged in the research and development or manufacture of key information technology products are entitled to priority investment from the State and preferences prescribed by law.

2. Organizations and individuals engaged in the state-funded research and development or manufacture of key information technology products shall remit into the state budget part of their revenues from the sale of those products. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Post and Telematics in, specifying the remittance levels.

3. Organizations and individuals may not assign, sell or transfer technologies or solutions for the development of key information technology products invested by the State without consent of agencies receiving, processing and handling dossiers of registration for participation in the research and developmentor manufacture of those products as defined in Article 14 of this Decree.

4. Organizations and individuals engaged in the research and development or manufacture of key information technology products are subjectto inspection andcontrol and shall abide by the reporting regime prescribed by the Ministry of Post and Telematics regarding investment projects on research and development, trial manufacture and trade promotion of key information technology products.