Nghị định 82/2024/NĐ-CP sửa đổi Nghị định 73/2019/NĐ-CP

DECREE

AMENDMENTS TO CERTAIN ARTICLES OF THE GOVERNMENT’S DECREE NO. 73/2019/ND-CP DATED SEPTEMBER 05, 2019 ON MANAGEMENT OF STATE INVESTMENT IN INFORMATION TECHNOLOGY APPLICATION

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Local Government Organization dated June 19, 2015;

Pursuant to the Law dated November 22, 2019 on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on E-transactions dated June 22, 2023;

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on State Budget dated June 25, 2015;

At the request of the Minister of Information and Communications;

The Government hereby promulgates a Decree on amendments to certain Articles of the Government’s Decree No. 73/2019/ND-CP dated September 05, 2019 on management of state investment in information technology application.

Article 1. Amendments to certain Articles of the Government’s Decree No. 73/2019/ND-CP dated September 05, 2019 on management of state investment in information technology application

1. Article 1 is amended as follows:

“Article 1. Scope

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

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

b) IT application activities funded by the state budget for regular expenditures.

2. For an IT application investment 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 investment projects, regulations on investment made in the public-private partnership form shall be complied with.”

2. Several clauses of Article 3 are amended as follows:

a) Clause 3 is amended as follows:

“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 their technical/technological features, functions and specifications described on the portal/website of an organization/individual or via other mass media.”

b) Clause 4 is amended as follows:

“4. “information technology services that are unavailable on the market” means a service provided according to specific requirements imposed by an organization/unit. Accordingly, the organization/unit hires another organization/individual to build a database, software, hardware or information system to meet the specific requirements imposed by the organization/unit. After such system or any item of such IT system is completed, the organization/individual (the lessor) shall manage and operate it to provide the service to the lessee within a specific period of time.”

c) Clause 5 is amended as follows:

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

d) Clause 11 is amended as follows:

“11. “software development or building” means processing and producing software to meet the requirements of an organization/user or for commercial purposes on the market. Software development or building takes place in a production environment also known as development environment.”

dd) Clause 13 is amended as follows:

“13. “internal-use software” means the software designed, built, developed, upgraded or 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. The build, development, upgradation or expansion of internal-use software means the procurement of IT equipment.”

e) Clause 14 is amended as follows:

“14. “commercial software” means available software provided upon demand without waiting for design, building, development, upgradation or expansion; with its technical/technological features and functions described on the portal/website of an organization/individual or via other mass media.”

g) Clause 19 is amended as follows:

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

h) Clause 24 is added as follows:

“24. “investment in a database, software, hardware or information system” means an organization or individual designing, building, developing, upgrading or expanding the system themself or hiring another to organization or individual to do so in order to establish and form the system for the purpose of creating, providing, transmitting, collecting, processing, storing and exchanging information.”

i) Clause 25 is added as follows:

“25. “IT equipment” includes hardware, software, databases and other digital devices used to produce, transmit, collect, process, store and exchange digital information.”

k) Clause 26 is added as follows:

“26. “database building” means an activity that includes one or more tasks as follows: building, upgrading or expanding a database; creating a database; carrying out standardization or conversion in service of data input and database creation; data input.”

l) Clause 27 is added as follows:

“27. “popular software” means the software which many ministries, central and local government authorities have the need to invest in or `or IT services of which they lease. Such software is identical in terms of basic technical functions and features nationwide or within the scope of an industry, sub-industry or sector.”

3. Article 4 is amended as follows:

“Article 4. Implementation of regulations of law on incentives for investment in and leasing and procurement of domestically manufactured IT products and services, regulations of law on specific IT and digital technology products and services

1. 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 procurement of domestically manufactured IT products and services and shall comply with regulations of law on specific IT and digital technology products and services.

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

3. The Ministry of Information and Communications shall preside over and cooperate with the Ministry of National Defense, Ministry of Public Security and related agencies in promulgating within their power or requesting a competent authority to promulgate the list of criteria for determination and list of specific IT and digital technology products and services in conformity with regulations of law on IT, digital technology and relevant special legislation.”

4. Clause 2 of Article 5 is amended as follows:

“2. The building of national databases and databases of ministries and central and local government authorities must ensure data connectivity and sharing according to regulations.”

5. Article 5a is added after Article 5 as follows:

“Article 5a. Announcement of list of popular software

1. Ministries and central government authorities shall review, compile and announce a list and basic technical functions and features of popular software specific to industries, sub-industries and sectors.

2. The Ministry of Information and Communications shall review, compile and announce a list and basic technical functions and features of national popular software.

3. The investment in, procurement and leasing of IT services of popular software (including changes to certain functions, features and performance) shall be carried out according to procedures for investment in and procurement of commercial software and leasing of available IT services.

Regarding the changes (if any) to certain functions, features and performance of popular software, the cost estimate of the changes shall be determined according to the quotation given by the supplier or manufacturer.

4. Popular software suppliers shall announce on their websites or web portals or provide information to the Ministry of Information and Communications so as for it to announce popular software products (their name and prices) that meet basic technical functions and features of the software announced by ministries, central government authorities and the Ministry of Information and Communications according clauses 1 and 2 of this Article.

Popular software suppliers shall assume responsibility for the accuracy and adequacy of information about the supplied popular software products.”

6. Article 6 is amended as follows:

Article 6. Management of IT application investment projects suitable for their characteristics and funding sources

1. IT application investment projects funded by the state budget for covering development investment expenditures shall be managed according to regulations of law on public investment and regulations of this Decree.

2. Testing products currently unavailable on the market

a) For a project with a product that is currently unavailable on the market, if necessary, the investor shall consider and request a competent authority to select organizations or individuals to conduct research and propose technical and technological solutions or plans; develop and test the product. Such organizations or individuals shall incur all costs (if any). After successful testing and determination of technical and technological solutions and costs, the investor shall proceed with investment procedures as prescribed;

b) The competent authority specified in point a of this clause is the authority competent to decide investment in the project (hereinafter referred to as “the investment decision maker”) in accordance with regulations of Law on Public Investment;

c) The testing procedure shall contain at least the following steps: Determine the product currently unavailable on the market; Report to the competent authority specified in point b of this clause for its permission to select an organization(s) or individual(s) to conduct testing; Select the organization(s) or individual(s) to conduct testing (The investor shall send their direct request for participation to organizations and individuals capable of conducting testing or publicly disclose their need to find organizations and individuals participating in research, building and testing on the portal/website of their agency or unit or of the supervisory authority; Based on the list of organizations and individuals proposing to participate in the testing, the investor shall consider and select one or more organizations and individuals to participate in product testing; organization(s) and individual(s) shall carry out research and propose technical and technological solutions and plans; build and test the product; Report testing results.

3. For an IT application investment project having investment items being telecommunications works, work construction and other field, the cost and quality management for such investment items shall comply with regulations of law on telecommunications work, work construction and other relevant sectors.

For a project in another field having IT application item, the cost and quality management for such item shall comply with regulations of this Decree.

4. Regarding a project consisting of multiple component projects or sub-projects: If each component project or sub-project can be independently operated or implemented according to the investment phases stated in the investment guidelines, such component project or sub-project shall be implemented from the investment preparation stage (except for the stage of formulating, appraising and deciding the investment guidelines) as an independent IT application investment project.

A component project or sub-project shall follow the same procedures for setting up, appraisal and approval of the project.”

7. Article 8a is added after Article 8 as follows:

“Article 8a. Classification of information systems, verification and validation of information system classifications

Procedures for classification of information systems, verification and validation of information system classifications under IT application investment projects shall comply with regulations of law on cyberinformation security.”

8. Clause 3 of Article 9 is amended as follows:

“3. It is advisable to execute mixed contracts for projects on investment in building, development, upgradation and expansion of internal-use software, including component projects and sub-projects (if any). Depending on each project’s characteristics and size, the investment decision maker shall consider and decide a suitable method of project execution and be answerable to the law for the project’s efficiency.

If a mixed contract package is applied, the project shall be executed as agreed upon by the parties to the contract.”

9. Article 10 is amended as follows:

“Article 10. Design procedures

1. The design procedures may include 01 step or 02 steps. To be specific:

a) 01-step design means detailed design;

b) 02-step design includes fundamental design and detailed design.

2. The 01-step design is applied to projects on procurement of backup or substitute hardware devices of current information systems; procurement of non-installed equipment; procurement of commercial software; procurement of hardware devices, software devices and databases other than the activity specified in clause 24 Article 3 of this Decree, except where the investment decision maker finds that it is necessary to use the 02-step design and except projects of national significance.

3. For projects on investment in database, software, hardware and information systems specified in clause 24 Article 3 of this Decree, the investment decision maker shall decide the 01-step or 02-step design to ensure the efficiency in management of project execution, except for projects of national significance.

4. In the case of 01-step design, the detailed design and cost estimate of the economic - technical report shall be made during the investment preparation phase instead of the fundamental design and total investment of the feasibility study report.

In the case of 02-step design, the detailed design must be consistent with the approved fundamental design in terms of overall, logical and physical models or components of information systems (if any).”

10. Clause 2 of Article 12 is amended as follows:

“2. Contents of pre-feasibility study reports and investment guidelines proposal reports are specified in the Law on Public Investment. The preliminary determination of total investment specified in pre-feasibility study reports and investment guidelines proposal reports shall be carried out according to the comparison method, expert method or quotation or combined methods or pursuant to the approved strategy, planning, program, plan or scheme.

The Minister of Information and Communications shall provide detailed guidance on methods for preliminary determination of total investment.”

11. Clause 2 of Article 16 is amended as follows:

“2. Contents of a project feasibility study report are specified in the Law on Public Investment. For an IT application investment project, the following contents shall be specifically presented:

a) Evaluation of compliance with the electronic or digital Government Architecture Framework or ministerial or provincial digital Architecture Framework;

b) Analysis and selection of a technological plan, technique or equipment, including the plan to ensure data connectivity and sharing with the relevant database, software, hardware or information system; IPv6 readiness requirements or system upgrading solutions to ensure IPv6 readiness if there is any content related to activities on the Internet; analysis and selection of a technological plan, technique or equipment for information security assurance;

c) Fundamental design of the selected plan.”

12. Several clauses of Article 17 are amended as follows:

a) Point a of clause 1 is amended as follows:

“a) Comply with the electronic or digital Government Architecture Framework or ministerial or provincial digital Architecture Framework;”

b) Point b of clause 1 is amended as follows:

“b) Comply with the applied technical regulations or standards; comply with regulations on management, connection and sharing of data among regulatory authorities (if any);”

c) Clause 2 is amended as follows:

“2. Main contents of a fundamental design include:

a) Regarding description:

- Description of project requirements;

- List of applied technical regulations and standards;

- Description of overall, logical or physical model of the system or other components of the system (if any) and main investment items of the project according to the selected plan, ensuring that internal and external connections and Internet connections (if any) of the system, sizing of basic technical specifications and quantity of equipment are visible;

- Preliminary workload for construction and installation, equipment and technical requirements; preliminary workload for training in use, management, operation and other relevant tasks;

- Description of technical requirements of internal-use software as prescribed in Article 18 herein;

- Description of information security requirements of the project.

b) Regarding preliminary diagram:

- Documents on the status of technical infrastructure and other conditions; preliminary diagram of construction and installation (for network construction and installation, installation of IT equipment and accessories);

- Preliminary diagram showing the connection with relevant database, software, hardware and information systems.

c) Major contents of the fundamental design with respect to the items of or projects on procurement of backup or substitute hardware devices of current information systems; procurement of non-installed equipment; procurement of commercial software; procurement of hardware devices, software devices and databases other than the activity specified in clause 24 Article 3 of this Decree consist of:

- List of hardware devices, commercial software and technical requirements of equipment;

- Data on weight of hardware devices and commercial software.”

13. Several points and clauses of Article 19 are amended as follows:

a) Point b is amended as follows:

“b) Equipment costs:

- Costs of procurement of IT equipment, including equipment requiring installation and setup, equipment not requiring installation and setup, auxiliary devices and peripheral equipment, commercial software and accompanying auxiliary services (as requested by the manufacturer), internal-use software and other equipment; costs of equipment transportation and insurance; related tax and fees;

- Costs of database creation; standardization and conversion for the purpose of data input and database creation; input of data to databases;

- Costs of equipment installation; software setup; inspection and adjustment of equipment and software;

- Costs of providing training in system use; costs of providing training in system management and operation for officials (if any);

- Costs of use, support, management and operation of products or work items of a project prior to acceptance and transfer of all project’s products (if any).”

b) Point d is amended as follows:

“d) Investment consultancy costs, including costs of carrying out surveys; preparing pre-feasibility study reports, investment guidelines proposal reports, feasibility study reports or economic - technical reports; investigation and research for preparation of pre-feasibility study reports, investment guidelines proposal reports, feasibility study reports or economic - technical reports and selection of solutions; verification of pre-feasibility study reports, investment guidelines proposal reports, feasibility study reports or economic - technical reports; formulation and modification of detailed design; making of cost estimate; adjustment of cost estimate; verification of detailed design and cost estimate; formulation of overall plans to select contractors for projects, compilation of request for proposals, pre-qualification documents, bidding documents and costs of analysis and assessment of proposals, pre-qualification applications and bid packages for contractor selection; inspection of material and equipment quality; evaluation of product quality; conversion of investment capital; supervision of project execution; performance of other consultancy tasks;”

c) Point dd is amended as follows:

dd) Other costs, including fees and charges; insurance (excluding equipment insurance costs prescribed in point b of this clause); testing or trial operation; auditing; verification and approval of estimate of investment capital; installation and leasing of connections; costs of leasing of IT services to serve activities during the process of making investment in projects; costs of price appraisal and other specific costs.”

d) Point e is amended as follows:

“e) Cost contingency, including contingency for price slippage during the process of project execution, contingency for additional works and temporary amounts (if any).

If a project is executed across multiple locations or overseas, costs of transport of equipment and workers shall be aggregated with each of the costs prescribed in points a, b, c, d and dd of this clause.

If there has been no norm for the costs prescribed in points a, b, c, d and dd of this clause or such costs have not yet been determinable, such costs shall be temporarily calculated to be added to the total investment.”

dd) Clause 4 is amended as follows:

“4. Total investment shall be determined according to one of the following methods:

a) Determination according to the fundamental design of the feasibility study report: The construction and installation costs shall be calculated according to the basic weight specified in the fundamental design, other estimated weights and prices of materials, equipment and services in conformity with the market price; the equipment costs shall be calculated according to the quantity and types of equipment suitable for IT application solutions, price of equipment on the market and other relevant factors (if any); the costs of building, development, upgradation and expansion of internal-use software shall be calculated by applying the comparison method or expert method or cost calculation method or according to quotations or by combining various methods; the costs of project management and investment consultancy and other costs shall be determined by preparing cost estimate or provisionally calculated according to its percentage (%) in the total construction and installation costs and equipment costs; and the cost contingency shall be determined as regulated in clause 5 of this Article.

For software that is modified, built, developed, upgraded or expanded based on commercial software, open source software, digital platforms, frameworks, etc. or built or developed based on artificial intelligence (AI), blockchain, virtual reality/augmented reality (VR/AR), etc., the cost of modifying, supplementing or building, developing, upgrading, expanding the software shall be determined by the comparison method or expert method or cost calculation method or according to quotations or by combining various methods. The costs of commercial software, digital platforms, frameworks, etc. shall be determined adopting the method of determining equipment costs specified in this point;

b) Determination according to data obtained from the executed projects with similar economic-technical criteria. For this method, the data of the similar projects must be converted to those at the time of preparation of the feasibility study report and the cost items not specified in the total investment shall be adjusted suitably;

c) Combining the methods prescribed in points a and b of this clause;

d) The Minister of Information and Communications shall provide detailed guidance on methods for determination of total investment.”

14. Article 19a is added after Article 19 as follows:

“Article 19a. Competence in, procedures and applications for and contents of appraisal and decision on investment in IT application investment projects

1. Competence in, procedures and applications for and contents of appraisal and decision on investment in IT application investment projects, including IT application investment projects that require an economic - technical report shall comply with regulations of the Law on Pubic Investment.

2. In case the investor hires a competent and experienced organization or individual to verify the feasibility study report or the economic - technical report, the verification shall cover the contents of project appraisal in part or in full according to regulations of law on public investment and regulations enshrined in clause 3 Article 21 or clause 3 Article 22 of this Decree.

For a project of national significance, the verification of the feasibility study report shall adhere to regulations of law on projects of national significance.”

15. Article 20 is amended as follows:

“Article 20. Competence in and procedures for appraisal of fundamental designs of projects

1. The Ministry of Information and Communications shall appraise fundamental designs of projects of national significance and group A projects, except for projects on procurement of backup or substitute hardware devices of current information systems; procurement of non-installed equipment; procurement of commercial software.

2. Specialized IT units affiliated to provincial People's Committees shall appraise fundamental designs of projects whose investment is decided by chairpersons of People’s Committees at all levels, excluding projects whose fundamental designs are appraised by the Ministry of Information and Communications.

3. Specialized IT units affiliated to investment decision makers shall appraise fundamental designs of projects, except for those whose fundamental designs are appraised by the Ministry of Information and Communications or within the competence in appraisal specified in clause 2 of this Article.

4. In case a unit that appraises a fundamental design is also an investor, such unit shall establish an appraisal council to appraise the fundamental design or the investment decision maker shall assign another specialized unit to appraise the fundamental design.

5. The appraisal council or specialized investment management authority shall appraise projects according to regulations of the Law on Public Investment (hereinafter referred to as “the focal point in charge of organizing project appraisal”) and shall:

a) Send the fundamental design dossier or submit it to the investment decision maker so as for it to obtain comments from the competent units prescribed in clauses 1, 2 and 3 of this Article (except cases where the investor is also the unit that appraises the fundamental design);

b) Obtain comments or submit to the investment decision maker so as for it to obtain comments from related authorities and units to appraise the project (if necessary).

6. The units that appraise fundamental designs prescribed in clauses 1, 2, 3 and 4 of this Article shall send the fundamental design appraisal comments to the focal point in charge of organizing project appraisal for consolidation upon appraising the project.”

16. Article 21 is amended as follows:

Article 21. Documents about and contents of appraisal of fundamental designs

1. Documents submitted by the focal point in charge of organizing project appraisal to obtain fundamental design appraisal comments include:

a) A report on survey findings;

b) The fundamental design;

c) Other relevant legal documents and documents.

01 set of documents shall be sent.

2. The basic design shall be appraised within 20 days for projects of national significance and group A projects; within 15 days for group B projects; within 10 days for group C projects from the date of receipt of valid documents.

3. The appraisal of a fundamental design shall focus on:

a) Conformity of components and specifications of the fundamental design with legal regulations, including fundamental design descriptions, fundamental design diagrams, survey documents and other documents according to relevant regulations;

b) Compliance with the electronic or digital Government Architecture Framework or ministerial or provincial digital Architecture Framework;

c) Suitability of the selected technological plan, technique and equipment;

d) Conformity of the fundamental design with standards, technical regulations and basic requirements on technical functions and features;

dd) Suitability of the fundamental design for data connection and sharing with relevant database, software, hardware and information systems.

e) Other contents in the fundamental design.”

17. Article 22 is amended as follows:

“Article 22. Competence in, procedures for and contents of appraisal of detailed designs of IT application investment projects that require economic-technical reports

1. Main contents of an economic - technical report include:

a) Evaluation of compliance with the electronic or digital Government Architecture Framework or ministerial or provincial digital Architecture Framework;

b) Analysis and selection of a technological plan, technique or equipment, including the plan to ensure data connectivity and sharing with the relevant software, hardware or information system or database; IPv6 readiness requirements or system upgrading solutions to ensure IPv6 readiness if there is any content related to activities on the Internet; analysis and selection of a technological, technical plan or equipment for information security assurance;

c) Detailed design dossier and cost estimate according to Articles 27 and 28 of this Decree;

d) Other contents of an economic - technical report that are the same as those of a feasibility study report as prescribed in the Law on Public Investment.

2. Competence in and procedures for appraisal of the detailed design of an IT application project that requires an economic - technical report

a) The appraisal council or specialized investment management authority shall appraise projects according to regulations of the Law on Public Investment (hereinafter referred to as “the focal point in charge of organizing appraisal”), send the detailed design dossier or submit it to the investment decision maker so as for it to obtain comments from the competent units prescribed in points b, c, d and dd of this clause; obtain comments from related authorities and units to appraise the project (if necessary);

b) The Ministry of Information and Communications shall appraise detailed designs of group A projects, except for projects on procurement of backup or substitute hardware devices of current information systems; procurement of non-installed equipment; procurement of commercial software;

c) Specialized IT units affiliated to provincial People's Committees shall appraise detailed designs of projects whose investment is decided by chairpersons of People’s Committees at all levels, excluding projects whose detailed designs are appraised by the Ministry of Information and Communications;

d) Specialized IT units affiliated to investment decision makers shall appraise detailed designs of projects, except for those whose detailed designs are appraised by the Ministry of Information and Communications or within the competence in appraisal specified in point c of this clause;

dd) In case a unit that appraises a detailed design is also an investor, such unit shall establish an appraisal council to appraise the detailed design or the investment decision maker shall assign another specialized unit to appraise the detailed design;

e) The units that appraise detailed designs prescribed in points b, c, d and dd of this clause shall send the detailed design appraisal comments to the focal point in charge of organizing appraisal for consolidation upon appraising the project.

3. The appraisal of a detailed design shall focus on:

a) Suitability of the selected technological plan, technique or equipment;

b) Suitability of the detailed design for data connection and sharing with relevant database, software, hardware and information systems;

c) Other contents of detailed designed appraisal specified in clause 1 Article 29 of this Decree;

d) Contents of cost estimate appraisal specified in clause 2 Article 29 of this Decree.”

18. Clause 6 is added to Article 26 as follows:

“6. A detailed design must:

a) Comply with the electronic or digital Government Architecture Framework or ministerial or provincial digital Architecture Framework;

b) Comply with the applied technical regulations or standards; comply with regulations on management, connection and sharing of data among regulatory authorities (if any);

c) Conform to the approved fundamental design, except for projects that require an economic - technical report;

d) Show technical specifications, functions and features;

dd) Ensure that the cost estimate is able to be determined.”

19. Several points of clause 1 of Article 27 are amended as follows:

a) Point b is amended as follows:

“b) For items of or projects on procurement of backup or substitute hardware devices of current information systems, procurement of non-installed equipment; procurement of commercial software; procurement of hardware devices, software devices and databases other than the activity specified in clause 24 Article 3 of this Decree, major contents of a detailed design consist of:

- List of hardware devices, commercial software and technical requirements of equipment;

- Data on weight of hardware devices and commercial software.”

b) Point dd is added as follows:

“dd) Plan to ensure project information security.”

20. Several points and clauses of Article 28 are amended as follows:

a) Point a of clause 1 is amended as follows:

“a) A cost estimate is part of a detailed design dossier; the approved detailed cost estimate of investment items serves as a basis for determining the cost estimate of a contract package in the case of direct contracting or self-implementation and non-contractual implementation approaches;”

b) Clause 2 is amended as follows:

“Contents of the cost estimate include construction and installation costs, equipment costs, project management costs, investment consultancy costs, other costs and cost contingency.

a) Construction and installation costs:

Construction costs shall be determined by making a cost estimate according to the norm and quota establishment methods under guidance of the Ministry of Information and Communications and relevant regulations.

b) Equipment costs shall be determined according to quantity and types of equipment to be purchased and market price of such equipment. The costs of building, development, upgradation and expansion of internal-use software shall be determined according to the comparison method, expert method, cost calculation method or quotation or by combining various methods. Costs of equipment installation and setup, database creation, training in use, management and operation; costs of equipment transport and insurance; costs of use, support, management and operation of project’s products or work items prior to acceptance and transfer of all project's products (if any) and other relevant costs (if any) shall be determined by preparing a cost estimate.

For software that is modified, built, developed, upgraded or expanded based on commercial software, open source software, digital platforms, frameworks, etc. or built or developed based on artificial intelligence (AI), blockchain, virtual reality/augmented reality (VR/AR), etc., the cost of modifying, supplementing or building, developing, upgrading, expanding the software shall be determined by the comparison method or expert method or cost calculation method or according to quotations or by combining various methods. The costs of commercial software, digital platforms, frameworks, etc. shall be determined adopting the method of determining equipment costs specified in this point;

c) Project management costs and investment consultancy costs shall be determined in percentage or by preparing a cost estimate;

d) Other costs include the costs not provided for in points a, b and c of this clause and shall be determined by preparing a cost estimate or in percentage;

dd) Cost contingency for additional works is expressed as a percentage (%) of the total amount of the costs prescribed in points a, b, c and d of this clause. Contingency for price slippage shall be calculated according to the project investment duration.”

c) Clause 3 is amended as follows:

“The methods for determining cost estimate, establishing quota and setting unit prices from time to time and methods for cost management shall be applied according to announcements and guidelines of the Ministry of Information and Communications.”

d) Clause 4 is amended as follows:

“4. The Minister of Information and Communications shall provide guidance on determining unit labor cost in management of costs of investment in IT application on the basis of the market labor cost.”

21. Point g is added to clause 1 of Article 29 as follows:

“g) Other contents in the detailed design.”

22. Clause 3 of Article 30 is amended as follows:

“3. For a project that requires an economic - technical report, if the modification of the detailed design neither affects their investment size and objectives nor exceeds the cost estimate approved by the investment decision maker, the investor may directly modify such detailed design. For other cases, the investor must seek the appraisal and approval of the modified contents from the investment decision maker.”

23. Article 32 is amended as follows:

“Article 32. Execution and execution supervision

1. The investor shall directly or hire an organization or individual to purchase IT equipment; build, upgrade or expand its database, software, hardware or information system; build and install its information system, hardware or software, and adjust its materials or equipment.

2. The contractor shall establish a quality management system suitable for the investment size at the investor’s request; and keep a project diary.

3. In the process of building and installing information system and hardware, installing commercial software, adjusting materials and equipment, investment projects shall be subject to the regime for execution supervision.

4. The investor shall directly or hire an organization or individual to supervise project execution.

5. The Minister of Information and Communications shall specify details of execution, supervision of execution and acceptance.”

24. Clause 3 of Article 35 is amended as follows:

“3. The investor must submit a report on product or work item completion and list of product or work item’s completion dossiers to the competent unit prescribed in point b of this clause for monitoring purpose.

a) Time limit: within 10 days (for the project whose fundamental design is not appraised by the Ministry of Information and Communications) or within 20 days (for the project whose fundamental design is appraised by the Ministry of Information and Communications) starting from the date on which the project’s product or work item is accepted, transferred and put to use, and the participants in the acceptance grant approval and sign the acceptance record;

b) Competent units:

- For projects whose fundamental designs are appraised by the Ministry of Information and Communications, the investors shall submit the report to the Ministry of Information and Communications;

- For projects whose investment is decided by chairpersons of People’s Committees at all levels, the investors shall submit the report to the specialized IT affiliated to the provincial People's Committee, excluding projects whose fundamental designs are appraised by the Ministry of Information and Communications;

- For other projects, the investors shall submit the report to the specialized IT unit having competence in appraisal of fundamental designs according to clause 3 of Article 20 of this Article, excluding projects whose fundamental designs are appraised by the Ministry of Information and Communications.”

25. Point c is added to clause 1 of Article 38 as follows:

“c) The warranty period specified in points a and b of this clause shall not include the time of manufactuer’s or supplier’s warranty on each piece of IT equipment and the extended time of warranty on such IT equipment (extended warranty, if any).”

26. Article 40 is amended as follows:

“Article 40. Management, operation and maintenance of project’s products

1. Project’s products must be managed, operated and maintained regularly and continuously after being transferred and put into use.

2. Responsibilities of authorities and units assigned to manage and use project’s products:

a) Organize management, operation and maintenance of project’s products;

b) Determine costs of management, operation and maintenance by making a cost estimate or on the basis of the quotation given by the service supplier;

c) Be answerable to the law if product quality deteriorates or there is any error due to lack of management, operation or maintenance according to regulations;

d) Request competent authorities to balance and providing funding for management, operation and maintenance of project’s products;

dd) Fulfill other responsibilities and obligations in accordance with regulations of law on management and use of public property and other relevant regulations of law.

3. The management, operation and maintenance of systems being products of projects on investment in database, software, hardware and information systems specified in clause 24 Article 3 of this Decree are specific tasks covered by the state budget for regular expenditures.

4. The Minister of Information and Communications shall provide guidance on contents and methods of determination of management, operation and maintenance costs.”

27. Clause 6 of Article 45 is amended as follows:

“6. Organizing project execution according to regulations and other consultancy tasks.”

28. Article 51 is amended as follows:

“Article 51. Management of IT application funded by state budget for regular expenditures

1. Regarding the following IT application activities funded by state budget for regular expenditures, after estimated funding is allocated to those activities as prescribed in clause 5 of this Law, the procurement and use of funding shall comply with regulations of law on state budget, law on bidding and law on management and use of public property and other relevant regulations of law:

a) Procurement of backup or substitute hardware devices of current information systems; procurement of non-installed equipment; procurement of commercial software (including software subscription);

b) Warranty extension (extended warranty); maintenance and repair of software, hardware and information systems; management, operation, hiring of managers, technical support for information systems; cyberinformation security services; network security services;

c) Database creation; standardization and conversion for the purpose of data input and database creation; input of data to databases; maintenance of database systems; assurance of regular provision of information and online public services;

d) Leasing of available IT services; 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 the quotation given by the supplier or manufacturer at the time of service leasing;

dd) IT application activities funded by state budget for regular expenditures 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;

e) IT application activities funded by state budget for regular expenditures other than those specified in clause 24 Article 3 of this Decree.

2. Regarding the activities of investment in software, hardware and information systems in clause 24 Article 3 of this Decree funded by state budget for regular expenditures (hereinafter referred to as “projects”), after estimated funding is allocated to those activities as prescribed in clause 5 of this Article, the regulations enshrined in Article 51a of this Decree shall be complied with.

3. Regarding the activity of leasing IT services that are unavailable on the market, after estimated funding is allocated to such activity as prescribed in clause 5 of this Article, the regulations enshrined in Article 52 of this Decree shall be complied with.

4. Competence in deciding investment in and procurement of IT application activities specified in clauses 2 and 3 of this Article

a) Ministers and heads of central government authorities shall decide or prescribe the competence in deciding investment in and procurement of IT application activities funded by state budget for regular expenditures under management of ministries and central government authorities;

b) Provincial People's Councils shall decide or prescribe the competence in deciding investment in and procurement of IT application activities funded by state budget for regular expenditures under management of provinces;

5. Procedures for cost estimate preparation, funding allocation, funding payment and settlement for performance of IT application activities specified in clauses 1, 2 and 3 of this Article shall comply with regulations of Law on State budget on cost estimate preparation and allocation of estimated state budget for regular expenditures, law on payment and settlement of state budget for regular expenditures and related regulations of law.

6. The selection of contractors, negotiation and signing of contracts for IT application activities specified in clauses 1, 2 and 3 of this Article shall comply with regulations of law on bidding and relevant regulations of law.”

29. Article 51a is added after Article 51 as follows:

“Article 51a. Management of activities of investment in software, hardware and information systems funded by state budget for regular expenditures

1. Project classification shall be carried out as prescribed in Article 7 of this Decree.

2. The investor shall be determined as specified in clause 1 Article 8 of this Decree.

3. Procedures for making investment and management of costs and quality shall comply with the provisions in clauses 2 and 3 Article 6, Article 8a and Section 2 Chapter II of this Decree, except for the following regulations:

a) It is not required to formulate, appraise and approve investment guidelines as prescribed in point a clause 1 Article 11 and Article 12 of this Decree;

b) The investor shall consider and decide to conduct survey. In case of conducting a survey, organize the survey as prescribed in Chapter II of this Decree;

c) The competence in deciding investment, competence in and procedures for appraising projects are specified in clause 4 of this Article;

d) Main contents of a fundamental design are specified in clause 6 of this Article;

dd) Main contents of a detailed design are specified in clause 7 of this Article.

4. Competence in deciding investment, competence in and procedures for appraising a project

a) The competence in deciding investment is in clause 4 Article 51 of this Decree.

The investment decision maker shall establish an appraisal council or assign its affiliated specialized authority or unit in charge of financial management and state budget to appraise the project (hereinafter referred to as “the focal point in charge of appraisal”);

a) The focal point in charge of project appraisal shall send the dossiers on fundamental and detailed designs of the project requiring an economic - technical report or submit them to the investment decision maker so as for it to obtain comments on the fundamental and detailed designs from the competent units prescribed in clause 5 of this Article (except where the investor is also the unit in charge of appraising the fundamental or detailed design); obtain comments from related authorities and units to appraise the project (if necessary).

The units in charge of appraising the fundamental and detailed designs prescribed in clause 5 of this Article shall send the fundamental and detailed design appraisal comments to the focal point in charge of project appraisal for consolidation upon appraising the project.

5. Competence in appraisal of fundamental and detailed designs (in case of the project requiring an economic - technical report)

a) The Ministry of Information and Communications shall appraise fundamental designs of projects of national significance and group A projects;

b) Specialized IT units affiliated to provincial People's Committees shall appraise fundamental and detailed designs of projects whose investment is decided by chairpersons of People’s Committees at all levels, excluding projects whose fundamental and detailed designs are appraised by the Ministry of Information and Communications;

c) Specialized IT units affiliated to investment decision makers shall appraise fundamental and detailed designs of projects, except for those whose fundamental and detailed designs are appraised by the Ministry of Information and Communications or within the competence in appraisal specified in point b of this clause;

d) In case a unit that appraises a fundamental or detailed design is also an investor, such unit shall establish an appraisal council to appraise the fundamental or detailed design or the investment decision maker shall assign another specialized unit to appraise the fundamental or detailed design.

6. Main contents of a fundamental design include:

a) Requirements for the fundamental design specified in clause 1 Article 17 of this Decree;

b) Main contents of the fundamental design specified in points a and b clause 2 Article 17 of this Decree.

7. Main contents of a detailed design include:

a) Requirements for the detailed design specified in clause 6 Article 26 of this Decree;

b) Main contents of the detailed design specified in points a, c, d and dd clause 1 Article 27 of this Decree.”

30. Article 52 is amended as follows:

“Article 52. Management of IT service leasing activity funded by state budget for regular expenditures

1. Regarding the activity of leasing available IT services, the regulations enshrined in point d clause 1 Article 51 of this Decree shall be complied with.

2. Regarding the activity of leasing IT services that are unavailable on the market (hereinafter referred to as “commissioned services”), the formulation of a plan to lease IT services and implementation thereof shall comply with the regulations set out under Articles 53 through 58 of this Decree.

3. Testing of IT services that are unavailable on the market

a) In case an IT service is currently unavailable on the market, if necessary, the authority or unit leasing the service (hereinafter referred to as “the lessee”) shall consider and request a competent authority to select organizations or individuals to conduct research and propose technical and technological solutions or plans; develop and test the service. Such organizations or individuals shall incur all costs (if any). After successful testing and determination of technical and technological solutions and costs, the lessee shall proceed with IT service leasing procedures as prescribed;

b) The competent authority specified in point a of this clause is the authority competent to decide investment and procurement specified in clause 4 Article 51 of this Decree;

c) The testing procedure shall contain at least the following steps: Determine the service currently unavailable on the market; Report to the competent authority specified in point b of this clause for its permission to select an organization(s) or individual(s) to conduct testing; Select the organization(s) or individual(s) to conduct testing (The lessee shall send its direct request for participation to organizations and individuals capable of conducting testing or publicly disclose their need to find organizations and individuals participating in research, building and testing on the portal/website of their agency or unit or of the supervisory authority; Based on the list of organizations and individuals proposing to participate in the testing, the investor shall consider and select one or more organizations and individuals to participate in product testing; organization(s) and individual(s) shall carry out research and propose technical and technological solutions and plans; build and test the service; Report testing results.

4. Information and data created during the leasing of IT services are under the lessee’s ownership. The service supplier shall ensure information security and safety, transfer sufficient information and data to the lessee upon termination of the IT service lease contract.

5. The IT service lease contract shall be executed according to regulations of law on bidding and relevant regulations of law.

The Minister of Information and Communications shall provide guidelines on specific contents of commissioned service IT lease contracts.

6. The IT service lease contract shall be described to select a method for leasing the IT service or investment or procurement to form a basis for the authority competent to decide investment or procurement to decide to execute the contract. Criteria consist of:

a) Procedures (procedures for leasing IT services; investment and procurement);

b) Scope and scale of implementation;

c) Resources including those for evaluating effectiveness of the financial plan or ability to providing funding, funding sources; human resources for implementation;

d) Level of change in technology, functional and non-functional requirements of the system;

dd) System integration and connectivity;

e) Ability to upgrade and expand the system;

g) Maintenance, management and operation ability;

h) Time for implementation (time for leasing IT service; time for investment and procurement, including the time for making preparations for setting up, appraising and approving the project, procurement activity and service leasing plan);

i) Ownership after the end of the lease term (assets, information, data, etc.).

The authority or unit shall supplement any criteria suitable for its IT service leasing activity (if any).

7. Procedures for classification of information systems, verification and validation of information system classifications in leasing of IT services shall comply with regulations of law on cyberinformation security.”

31. Article 53 is amended as follows:

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

1. The authority competent to decide investment or procurement as specified in clause 4 Article 51 of this Decree has the competence has the competence in approving the plan for leasing of commissioned IT services (hereinafter referred to as “leasing plan”).

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

a) The authority having competence in approving the leasing plan (hereinafter referred to as “the approving authority”) shall establish an appraisal council or assign its affiliated specialized authority or unit in charge of financial management and state budget to appraise the leasing plan before granting approval (hereinafter referred to as “the focal point in charge of appraisal”);

b) The unit in charge of appraisal shall collect comments or request the approving authority to collect comments from the specialized IT unit on the conformity of the contents specified in point c clause 2 Article 54 of this Decree;

c) In case the unit that uses the budget is assigned 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 verify partial or total contents of the leasing plan prescribed in clause 3 of Article 56 of this Decree.”

32. Several points and clauses of Article 54 are amended as follows:

a) Point dd of clause 2 is amended as follows:

“dd) Lease term, schedule and duration of building, development and formation of the service. The lease term must be long enough (at least 01 year but no longer than 08 years) to ensure stability, continuity and efficiency in operation and use of the service; cases where the lease term is less than 01 year must be permitted by an authority having competence in approving the leasing plan.”

b) Clause 3 is added as follows:

“3. The Minister of Information and Communications shall provide guidance on determination of requirements for quality of IT services.”

33. Several points of clause 2 of Article 55 are amended as follows:

a) Point a is amended as follows:

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

b) Point c is amended as follows:

“c) The Minister of Information and Communications shall provide detailed guidance on methods for determination of commissioned service leasing costs.”

34. Article 56 is amended as follows:

“Article 56. Appraisal and approval of leasing plans

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

a) An application form for appraisal of the leasing plan;

b) Leasing plan;

c) Other relevant documents.

03 sets of documents shall be sent.

2. Duration of appraisal of a leasing plan

a) Duration of appraisal of a leasing plan shall be no later than 30 days starting from the date the unit in charge of appraisal receives a valid 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 clause 2 Article 53 of this Decree and clause 4 of this Article. The specialized IT unit shall give its comments as specified in point b clause 2 Article 53 of this Decree within 15 days.

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) Conformity of the contents in the leasing plan specified in Article 54 of this Decree;

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 each specific expenditure, the unit in charge of appraisal may gather comments on the leasing plan, request the approving authority to gather comments, or organize a consultancy conference to gather comments from relevant authorities and organizations and individuals having expertise.

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 the approving authority by the unit in charge of appraisal includes:

a) An application form for approval of the leasing plan;

b) A draft decision on approval of the leasing plan;

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 on which the approving authority receives a valid application.”

35. Several points and clauses of Article 57 are amended as follows:

a) Point a of clause 1 is amended as follows:

“a) There are unanticipated requirements on quality and quantity of services to be leased; changes to lease term.”

b) Point d of clause 1 is amended as follows:

“d) When a planning, strategy, program, plan or scheme modified by a competent authority or any change to the business requirements specified under legislative documents directly affects the scope, contents, size and/or objectives of the leasing plan.”

36. Title of Chapter IV is amended as follows:

“Chapter IV

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS AND INDIVIDUALS FOR STATE INVESTMENT IN IT APPLICATION”

37. Several clauses of Article 59 are amended as follows:

a) Clause 7 is amended as follows:

“7. Preside over and cooperate with relevant authorities in issuing standards, technical regulations and socio - economic norms for IT application.”

b) Clause 7a is added after clause 7 as follows:

“7a. Build, operate and maintain a platform for management of investment in IT application.”

c) Clause 7b is added after clause 7a as follows:

“7b. Preside over and cooperate with the Ministry of Planning and Investment and Ministry of Finance in providing guidelines on specific expenditures on IT application investment activities.”

d) Clause 7c is added after clause 7b as follows:

“7c. Provide refresher training in management of IT application investment to officials, public employees and employees in regulatory authorities.”

38. Article 59a is added after Article 59 as follows:

“Article 59a. Responsibilities of the Ministry of Finance

1. Instruct ministries, central and local government authorities to balance and provide state budget for regular expenditures with a view to performance of IT application activities as prescribed in Article 40 and Chapter III of this Decree (including activities which are performed within more than one budget year).

2. Preside over requesting a competent authority to promulgate or promulgating within its power regulations on payment and settlement upon conducting IT application activities funded by state budget for regular expenditures.”

39. Clauses of Article 60 are amended as follows:

a) Clause 5 is added as follows:

“5. Issue, provide guidance on, inspect and supervise the implementation of standards, technical regulations and socio - economic norms and setting of unit prices for specific and specialized IT application by industries and local authorities under management of ministries, and central and local government authorities.”

b) Clause 6 is added as follows:

“6. Allocate state budget for regular expenditures for performance of IT application activities as prescribed in Article 40 and Chapter III of this Decree (including activities which are performed within more than one budget year).”

40. Article 61a is added after Article 61 as follows:

“Article 61a. Responsibilities of authorities, units and council in charge of appraisal

1. Operate independently and objectively when conducting appraisals.

2. Request investors and units applying for appraisal to sufficiently provide related dossiers and documents and explanation for the contents to be appraised (if necessary);

3. Ensure confidentiality of relevant information and data in the course of appraisal.

4. Provide relevant information and data at the request of competent authorities, inspecting and examining authorities and other regulatory authorities as prescribed.

5. Take responsibility to the law and competent authorities for appraisal results and assigned tasks as prescribed in this Article.

6. Fulfill other responsibilities in accordance with regulations of this Decree and other relevant regulations of law.”

41. Article 61b is added after Article 61a as follows:

“Article 61b. Responsibilities of organizations and individuals participating in IT application investment activities

1. Request investors and procuring entities to provide information and documents related to the performance of their tasks within the scope of the contracts signed between parties.

2. Fulfill the task of ensuring quality and quantity under the signed contracts and relevant regulations of law.

3. Assume responsibility for results obtained from their participation in IT application investment activities as prescribed by law.”

42. The following Appendices are added to this Decree:

a) Appendix Ia - Form of fundamental design appraisal report;

b) Appendix Ib - Form of detailed design appraisal report (for 01-step design);

c) Appendix Ic - Form of project appraisal report;

d) Appendix V - Form of IT service leasing plan appraisal report.

Article 2. Replacing, repealing and adding certain words, phrases, points, clauses and Articles of the Government’s Decree No. 73/2019/ND-CP dated September 05, 2019 on management of state investment in information technology application

1. The following phrases are replaced and repealed:

a) The phrase “Dự án ứng dụng công nghệ thông tin” (“IT application project”) in clause 1 of Article 5, title of Chapter II and clause 1 of Article 8 is replaced with the phrase “Dự án đầu tư ứng dụng công nghệ thông tin” (“IT application investment project”) or is repealed;

b) The phrase “Khung Kiến trúc Chính phủ điện tử Việt Nam, Kiến trúc Chính phủ điện tử cấp bộ hoặc Kiến trúc Chính quyền điện tử cấp tỉnh” (“Vietnam, ministerial or provincial E-Government Architecture Framework”) in Article 5, clause 2 of Article 26 and clause 1 of Article 29 is replaced with the phrase “Khung kiến trúc Chính phủ điện tử, Chính phủ số hoặc khung kiến trúc số cấp bộ hoặc khung kiến trúc số cấp tỉnh” (“electronic or digital Government Architecture Framework or ministerial or provincial digital Architecture Framework”) or is repealed;

c) The phrase “người có thẩm quyền” (“competent person”) in clause 2 of Article 9, clause 3 of Article 11, clause 2 of Article 30, clause 4 of Article 31, clause 6 of Article 35, clause 1 of Article 42 and clause 1 of Article 44 is replaced with the phrase “cấp có thẩm quyền” (“competent authority”) or is repealed;

d) The phrase “dự án thực hiện lập báo cáo kinh tế - kỹ thuật” (“project that prepares an economic - technical report”) in clause 3 of Article 19 is replaced with the phrase “thực hiện theo hình thức báo cáo kinh tế - kỹ thuật” (“that requires an economic - technical report”) or is repealed;

dd) The phrase “chi phí thiết bị” in the Appendix I and Appendix II is replaced with the phrase “chi phí trang thiết bị” (without change in meaning) or is repealed.

2. The following clauses and Articles are repealed:

a) Clause 5 of Article 28 is repealed;

b) Section 3 of Chapter II including Articles 46 through 50 is repealed.

Article 3. Effect and transitional clause

1. Effect

a) This Decree comes into force from the date on which it is signed;

b) The regulation of clause 3 Article 5a of this Decree comes into force as ministries and central government authorities announce a list and basic technical functions and features of national popular software and popular software specific to industries, sub-industries and sectors;

c) Regarding the regulations stipulating the compliance with the electronic or digital Government Architecture Framework or ministerial or provincial digital Architecture Framework as specified in this Decree: In case the Government has yet to promulgate regulations on National Digital Enterprise Architecture Framework, authorities and units with IT application investment projects and IT application activities shall continue to implement them according to the electronic or digital Government Architecture Framework or ministerial or provincial digital Architecture Framework.

2. Transitional clause

Regarding any IT application investment project or IT application activity approved before the effective date of this Decree, the next steps shall be taken in accordance with regulations on management of investment in IT application at the time of approval.

Article 4. Responsibility for organizing implementation

1. Ministers, heads of ministerial agencies, heads of Governmental agencies, heads of other central government authorities, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree.

2. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Information and Communications for consideration and instructions or consolidated for reporting to a competent authority.

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