Circular 12/2020/TT-BTTTT determine costs of outsourcing for information technology services

CIRCULAR

On guiding the determination of the cost on hiring of information technology service funded by the state budget according to method of cost calculation

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

Pursuant to the Decree No. 17/2017/ND-CP dated February 17, 2017 of the Government, providing for functions, duties, authorities and organizational structure of the Ministry of Information and Communications;

Pursuant to the Decree No.  73/2019/ND-CP dated September 05, 2019 of the Government on managing the investment on applying information technology funded by the state budget;

At the proposal of the Director of the Authority of Information Technology Application,

The Minister of Information and Communications hereby promulgates the Circular on guiding the determination of the cost on hiring of information technology service funded by the state budget according to method of cost calculation.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular guides the determination of the cost on hiring of information technology service which not available on the market, funded by the regular expenses from the state budget according to the cost calculation method as prescribed in the Decree No. 73/2019/ND-CP dated September 05, 2019 of the Government on managing the investment on applying information technology funded by the state budget (hereinafter referred to as the Decree No. 73/2019/ND-CP).

2. The determination of the cost on hiring of information technology service available on the market shall be implemented as prescribed in Clause 1 Article 52 of the Decree No. 73/2019/ND-CP.

3. Subjects of application shall include agencies, organizations, individuals involve in or related to the hire of information technology service funded by the regular expenses from the state budget.

4. To encourage other agencies, organizations, individuals related to the hire of information technology service funded by other source to apply regulations of this Circular.

Article 2. Interpretation of terms

1. The cost of hiring information technology service not yet available on the market (hereinafter referred to as service on specific requirement) means all the necessary costs cover the information technology service during the course of hire, including the following components: cost of service; cost of service administration and operation; cost of service maintenance and other costs related to service provision.

2. Cost of service establishment and formulation refers to all the estimate cost to formulate the service according to specific requirement, including the cost to establish new, expand or upgrade the technical infrastructure, software and database (cost on building; spending on procurement of information technology equipment; cost for equipment installation; cost for software installation; examine, modify equipment and software).

3. Cost of service administration and operation means all necessary cost to guarantee the continue and uninterrupted operation and run of the specific required service during the course of hire.

4. Cost of service maintenance means all the necessary cost for hardware maintenance, maintenance, remain and update software and database to ensure the whole specific requested service be operated and run continuously and uninterruptedly during the course of hire (in which the action of adjusting a software to troubleshoot arising problems, improve the performance or properties and functions of the software or optimize the performance of the software on the operation environment base on the modification of system structure according to the initial design; excluding the actions of new establishment, expansion or improvement of the software).

Article 3. Principles of calculating the cost on hiring of service on specific requirement

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