Chương I Nghị định 73/2019/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for the management of information technology application (hereinafter referred to as “IT application”) activities:

a) IT application projects funded by the state budget for covering development investment expenditures;

b) IT application activities funded by the state budget for current expenses.

2. For an IT application project funded by various sources among which funding from the state budget accounts for at least 30% or the highest proportion of the total investment, the provisions of this Decree shall be complied with.

3. Regarding the IT application activities in Clause 1 of this Article carried out by Vietnamese diplomatic missions, the Government’s provisions shall be complied with on the basis of the proposals and recommendations of such diplomatic missions and in a manner that suits the characteristics of each project and law of the host country.

4. Regarding PPP IT application projects, regulations on investment made in the public-private partnership form shall be complied with.

5. This Decree is not applicable to IT application activities classified as national secrets.

Article 2. Regulated entities

1. This Decree is applicable to regulatory bodies, organizations and individuals participating in or relating to the management of state investment in IT application.

2. Organizations and individuals relating to investment in IT application funded by other sources of funding are encouraged to comply with the regulations of this Decree.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “economic-technical report for IT application project” (hereinafter referred to as “economic-technical report”) means an IT application project feasibility study report (hereinafter referred to as “feasibility study report”) prepared in case a project is carried out according to the 01-step design procedures.

2. “database” means a collection of information/data organized for the purpose of access, use, management and update via electronic means.

3. “information technology service that is available on the market” (hereinafter referred to as “available IT service”) means an information technology service provided upon demand without waiting for design, processing or manufacture; with its price and technical/technological features and functions publicized on the portal/website of an organization/individual or via other means accessible to many people. 

4. “information technology services that are unavailable on the market” means a service provided according to specific requirements imposed by an organization/unit. The organization/unit hires another organization/individual to establish, expand or upgrade an infrastructure, software and/or database system to meet the specific requirements imposed by the organization/unit. After such system or any item of such system is completed, the organization/individual shall manage and operate it to provide the service to the lessee or request the lessee to manage and operate it itself within a specific period of time.

5. “ IT application project” means a set of activities concerning considering or investing in capital for purchasing or leasing of information technology services, establishing, expanding or upgrading an infrastructure, software or database system for the purpose of development, maintenance and  improvement of  product and service quality and operational efficiency within a certain period of time. In the preparation phase, an IT application project is presented via a pre-feasibility study report, guidelines proposal report, feasibility study report or economic-technical report.

6. “designer's supervision" means inspection, explanation or settlement of difficulties, changes and unanticipated problems to ensure the installation, setup and adjustment of materials, information technology equipment and commercial software, or build, development, upgradation and expansion of internal-use software and databases in conformity with the detailed design, and protection of the copyright on the detailed design according to regulations.

7. “project completion dossier” means a compilation of documents related to the process of investment in IT application that needs to be archived upon the official use of the project’s product or work item.

8. “software testing” means the testing of software’s ability to meet technical requirements or user requirements via techniques and equipment.

9. “software expansion” means modifying the software to enhance its available functions in order to satisfy a number of additional user requirements or business requirements in a software operating environment.

10. “software upgradation” means modifying and enhancing the performance, safety and security of the available software to optimize its ability to process user requirements and minimize all risks in a software operating environment.

11. “software development” (or “software build”) means processing and producing software to meet the requirements of an organization/user or for commercial purposes. Software development takes place in a production environment or development environment.

12. “open-source software” means software provided together with its source code. The user is not required to pay royalties for the source code but is required to comply with international regulations on use of open-source software.

13. “internal-use software” means the software built, developed, upgraded and expanded according to specific requirements of an organization or a software user for the purpose of meeting specific requirements imposed by such organization or software user.

14. “commercial software” means available software with its price and description of technical/technological features and functions publicized on the portal/website of an organization/individual or via other means accessible to many people.

15. "IT application project quality management” (hereinafter referred to as “quality management”) means management of the process of survey; design; execution and execution supervision; testing or trial operation; commissioning and transfer to ensure the requirements on product and project quality.

16. “IT application cost management” means management of the total investment, cost estimate, cost norms and unit price of IT application.

17. “appraisal” means inspection and evaluation by an investment decision maker, investment project owner, information technology authority or any other competent authorities during the preparation and execution of a project to provide the bases for consideration and approval decision.  

18. “inspection” means specialized examination and evaluation by a competent and experienced organization/individual during the investment preparation and investment to provide the bases for the appraisal.

19. “basic design” means a compilation of descriptions and preliminary design diagrams of infrastructure, software and database systems and other contents that are required to show the design plan. A basic design may contain one or more items of investment in IT application.

20. “detailed design” means a compilation of descriptions, diagrams and descriptions of design contents and other technical requirements.

21. “overall model for information system” means a top-level model of an information system. This model sufficiently presents the architecture and layers/components of an information system such as users, operation, application, data and IT infrastructure (including information safety) and their relationships and external systems that interact, integrate, connect and share information with such system.  

22. “logical model for information system” means a model showing the overall model at the detailed level. The logical model shows the processing procedures of the system’s components and of the system with other relevant systems to satisfy the system’s technical requirements and produce the desired results.

23. “physical model for information system” means a model showing the logical model at the detailed level. This model presents the information system’s design based on the logical model and chosen design procedures, including information on the solutions, technical specifications, equipment and tools used (if any) that are conformable with the applied standards and technical regulations.

Article 4. Implementation of regulations on incentives for investment in and leasing and purchase of domestically manufactured information technology products and services

IT application activities within the scope of this Decree shall be carried out in a manner that gives priority to the investment in and leasing and purchase of domestically manufactured information technology products and services.

The Ministry of Information and Communications shall promulgate the specific criteria for determination and announcement of the list of domestically manufactured IT products and services whose development, leasing and purchase are prioritized; list of shared open-source products qualified for use in state agencies; list of enterprises whose products meet the criteria for giving priority to investment, leasing and purchase. For specialized-use software, the Ministry of Information and Communications shall cooperate and reach an agreement with relevant Ministries before promulgation of criteria.

Article 5. Compliance with E-Government Architecture and assurance of data connectivity and sharing

1. Formulation, appraisal and approval of investment guidelines, investment decisions, designs and execution of IT application projects must comply with applicable Vietnam, ministerial or provincial E-Government Architectures.

2. Projects for establishment of national databases and databases of ministries and central and local bodies stipulated in the Law on Information Technology must ensure data connectivity and sharing according to regulations.