Chương III Nghị định 73/2019/NĐ-CP: Quản lý hoạt động ứng dụng công nghệ thông tin sử dụng kinh phí chi thường xuyên nguồn vốn ngân sách nhà nước

Chapter III

MANAGEMENT OF IT APPLICATION ACTIVITIES FUNDED BY STATE BUDGET FOR CURRENT EXPENSES

Article 51. Management of investment in IT application funded by state budget for current expenses

1. Investment in the following IT application funded by state budget for current expenses shall comply with regulations on goods procurement to maintain regular operation of bodies/units:

a) Procurement of backup or substitute hardware devices of current technical infrastructure systems;

b) Procurement of non-installed equipment and commercial software; maintenance and repair of infrastructure and software systems; operation management, management hiring and technical assistance for information systems and network security and information safety services;

c) Establishment and maintenance of database systems; maintenance of portals/websites;

d) IT application activities with a funding of under VND 200 million for establishment, expansion or upgradation of infrastructure, software and database systems;

dd) IT application activities funded by state budget for current expenses for immediate remediation from or timely response to natural disasters or fire, or fulfillment of incident response duties at the request of the National Assembly, the Government, and the Prime Minister or according to business requirements prescribed in legislative documents.  

2. Investment in IT application funded by state budget for current expenses from VND 200 million to VND 15 billion for establishment, expansion or upgradation of infrastructure, software and database systems shall comply with guidelines on establishment of outline and detailed estimate of the Ministry of Information and Communications.

3. Investment in IT application funded by state budget for current expenses with over VND 15 billion for establishment, expansion or upgradation of infrastructure, software and database systems shall comply with regulations on management of IT application projects as follows:

a) Project classification; project investment procedures; competence in design appraisal and approval; cost management and quality management shall comply with the regulations in Chapter II herein;  

b) Investment guidelines; competence in investment decision; and determination of the investment project owner shall comply with provisions on the state budget;

c) The unit in charge of project appraisal shall be the specialized unit affiliated to the investment decision maker.

Article 52. Management of IT service leasing funded by state budget for current expenses

1. Leasing of available IT services shall comply with regulations on purchase of property, goods and services to maintain regular operation of regulatory bodies/units. Leasing price (calculated according to unit price of each service in use or unit price of each service’s product) shall be determined based on market price at the time of service leasing.

If the person with competence in deciding service leasing requires an IT service leasing plan, the plan shall be formulated as prescribed in Articles 53, 54, 55, 56 and 57 herein.

2. Leasing of IT services that are unavailable on the market (hereinafter referred to as “commissioned services”) shall comply with the regulations in Articles 53, 54, 55, 56, 57 and 58 herein.

3. For an IT service that is currently not available on the market, if necessary, the lessee shall consider and request a competent authority to choose an organization or individual to consider and propose a technical and technological solution and plan; and develop and test the service. Such organization or individual shall incur all costs (if any). After successful testing and determination of the technical and technological solution and costs, the lessee shall proceed with the procedures for IT service leasing as prescribed by law.

4. Procedures for cost estimate preparation and funding allocation for leasing of the IT services prescribed in clause 1 and clause 2 of this Article shall comply with regulations on the state budget.

5. Selection of providers for the IT services prescribed in clause 1 and clause 2 of this Article shall comply with regulations of the law on bidding.

6. The ownership of information and data acquired from IT service leasing is specified in Article 48 herein.

7. For IT services with similar characteristics and/or features that many affiliates require, the lessee shall consider and propose leasing of shared IT services managed by ministries and central and local bodies to competent authorities.

Leasing of shared IT services shall be carried out according to regulations of this Chapter and relevant provisions.

Article 53. Competence in appraisal and approval of plans for leasing of commissioned services

1. The head of a body or unit with competence in deciding purchase of property, goods and services to maintain regular operation of such body or unit as prescribed by law shall approve the plan for leasing of commissioned IT services (hereinafter referred to as “leasing plan”) according to their competence in deciding purchase of property, goods and services.

2. All leasing plans must be appraised before being approved.

a) The approving authority shall assign its specialized unit to appraise the leasing plan before granting approval (hereinafter referred to as “the unit in charge of appraisal”);

b) The unit in charge of appraisal shall gather comments on the leasing plan or request the approving authority to collect comments from units specializing in information technology;

c) If necessary, the persons with competence in approving the leasing plan shall request the unit that uses the budget to fulfill the task of service leasing (hereinafter referred to as "the unit in charge of service leasing") to select a capable and experienced organization or individual to inspect partial or total contents prescribed in Clause 3 of Article 56 herein.

Article 54. Formulation of leasing plans

1. The unit in charge of service leasing shall directly formulate a leasing plan according to the contents prescribed in Clause 2 of this Article or hire an organization or individual to do so.

2. A leasing plan shall include:

a) State and necessity of service leasing;

b) Main items to be leased; objectives, contents and size, scope, location and user of services;

c) Determination of requirements on quality of the IT service; technical and technological requirements to satisfy service quality requirements; requirements and conditions on connectivity with other information systems and applications; description of requirements on internal-use software; requirements on information and data safety and security and other requirements;

d) Determination and clarification of ownership of information and data acquired from provision of the IT service and plan for management and transfer of such information and data to the lessee;

dd) Leasing period, schedule and duration of build, development and establishment of the service; the leasing period must be sufficient (more than 01 year but no longer than 05 years) to ensure stability, continuity and efficiency of the service; cases where the leasing period is under 01 year must be approved by a person with competence in approving the leasing plan;

e) Requirements on unanticipated incidents during use of the IT service;

g) Cost estimate established according to Article 55 herein.

Article 55. Cost estimate of leasing of commissioned services

1. The cost estimate shall include:

a) Costs of service leasing;

b) Management costs, including necessary costs according to regulations for the unit in charge of service leasing to organize execution management;

c) Consultancy costs, including costs of surveys, preparation of the leasing plan; appraisal of the leasing plan; bidding consultancy; execution supervision (if any) and other consultancy tasks;

d) Other costs, including costs of audit; price appraisal; testing or trial operation and other specific costs;

dd) Cost contingency.

2. Methods for cost estimate calculation

a) Costs of service leasing shall be determined according to one of the following methods: Comparison method; expert method; quotation method; cost calculation methods or a combination of various methods.

b) Management costs, consultancy costs and other costs shall be determined by preparing cost estimate or calculated in percentage.

Based on the characteristics of service leasing, the unit in charge of service leasing shall choose a suitable method for determination of leasing costs and be responsible for such choice.

c) The Ministry of Information and Communications shall provide guidance on methods for calculation of service leasing costs.

Article 56. Appraisal and approval of leasing plans

1. An application for appraisal of a leasing plan includes:

a) An application for appraisal of the leasing plan, which is made using the specimen in Appendix III enclosed with this Decree;

b) The leasing plan;

c) Other relevant documents.

2. Duration of appraisal of a leasing plan

a) Duration of appraisal of a leasing plan shall be no later than 20 days starting from the date the unit in charge of appraisal receives the satisfactory application, excluding the time for amendment and completion of such application. The appraisal duration shall include the time for the unit in charge of appraisal to obtain comments according to Point b of Clause 2 of Article 53 and Clause 4 of this Article;

b) If amendment to or further explanation for the contents of a leasing plan is required, within 03 working days starting from the date of receipt of the application, the unit in charge of appraisal shall request the unit in charge of service leasing to make such amendment or provide such explanation.

3. Contents of appraisal of a leasing plan include:

a) Suitability of contents of the leasing plan prescribed in Article 54 herein;

b) Adequacy, reasonableness and conformity of expenditures specified in cost estimate for service leasing with actual requirements.

4. During the appraisal process, depending on the complexity of each task and content of each expenditure, the unit in charge of appraisal may gather comments on the leasing plan, request an approving authority to gather comments, or organize a consultancy conference to gather comments from relevant bodies and specialized organizations and individuals.

5. Records of the appraisal results shall serve as the basis for consideration and approval of leasing plans.

6. An application for approval of a leasing plan submitted to a person with competence in approving the leasing plan by the unit in charge of appraisal include:

a) An application for approval of the leasing plan;

b) A draft of decision on approval of the leasing plan, which is made using the specimen in Appendix IV enclosed with this Decree;

c) The leasing plan that has been completed based on appraisal comments;

d) A record of results of leasing plan appraisal;

dd) Comments of relevant organizations and units (if any);

e) Other relevant legal documents and documents.

7. Duration of leasing plan approval shall be no longer than 10 days starting from the date a person with competence in approving the leasing plan receives the satisfactory application.

Article 57. Modification of leasing plans

1. An approved leasing plan may be modified in the following cases:

a) There are unanticipated requirements on quality and quantity of services to be leased or changes to leasing period leading to increase or decrease of leasing costs;

b) There are new factors that improve the efficiency of service leasing;

c) Force majeure factors such as natural disasters, fire or other force majeure events that directly affect service leasing occur;

d) When an IT application program or plan modified by a competent authority directly affects the scope, contents, size and/or objectives of the leasing plan.

2. Modifications to a leasing plan shall not affect the plan’s objectives and size; shall not exceed the approved cost estimate. The unit in charge of service leasing may directly organize the appraisal and approval of such modifications.

If a modification to a leasing plan affects the plan’s objectives and size or exceeds the approved cost estimate, the unit in charge of service leasing must request the competent authority to consider and issue a decision. Modified contents must be appraised before being approved. Applications, procedures and duration for appraisal and approval of the modified leasing plan are the same as those for the appraisal and approval of the leasing plan.

3. Persons deciding to modify a leasing plan shall be answerable to the law for their decisions.

Article 58. Organization of testing and trial operation

1. A commissioned service must undergo testing or trial operation before official use to ensure that it meets the requirements of the leasing plan.

2. Depending on specific conditions, the unit in charge of service leasing may:

a) Conduct a self-testing; or

b) Hire an independent organization or individual qualified for carrying out testing.

3. Results of testing or trial operation must be recorded into a document. Such document is called a report on testing or trial operation results.

The report on testing or trial operation results shall be the basis for parties participating in commissioning to carry out commissioning and put the commissioned service to use or for the unit in charge of service leasing to continue modifying and completing the service. The leasing period of a commissioned service shall start from the time the service undergoes commissioning and is put to use.

4. After having been modified and completed, the commissioned service must undergo testing or trial operation by the unit in charge of service leasing. The testing or trial operation will be done if the service satisfies the requirements on service quality and technical and technological requirements.