Decree No. 73/2019/ND-CP managing the investment on IT application using the State budget source

DECREE

Regulations on managing the investment on IT application using the State budget source

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

Pursuant to the Law on the IT dated June 29, 2006;

Pursuant to the Law on bidding dated November 26, 2013;

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 the management of IT application investment funded by the State budget source;

Chapter I

GENERAL REGULATIONS

Article 1. Scope of regulation

   1. This Decree prescribes the management of the IT application activities as follows:

a) IT application project that uses the expenditures for investment and development funded by the State budget;

b) IT application activities that uses recurrent expenditures funded by state budget.

2. For IT application projects that use a mixture of different funding sources, of which the state budget funding accounts for 30% or more or the largest of the total project investment, they shall be implemented according to the provisions of this Decree.

3. For IT application activities prescribed in Clause 1 of this Article of overseas Vietnamese representative offices, comply with Government's separate regulations on the basis of the proposals and recommendations of the agencies that have the projects, in suitability with the specific characteristics of the project and the laws of the host county.

4. For projects applying investment IT in the form of public-private partnership, comply with the law on investment in the form of public-private partnership.

5. IT application activities classified as state secrets are not governed by this Decree.

Article 2. Subjects of application

1. This Decree applies to agencies, organizations and individuals participating in or related to the IT application management and investment activities using funded by the State budget.

2. Encouraging organizations and individuals involved in IT application investment activities using other sources to apply the provisions of this Decree.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. The economic-technical report on an IT application investment project (hereinafter referred to as an economic-technical report) is a feasibility study report on an IT application investment project (hereinafter called the feasibility study report), is prepared in case the project is implemented according to the 01 step design plan.

2. Database means a collection of information and data organized to access, exploit, manage and update via electronic means.

3. IT services available on the market are IT services provided immediately upon demand but not through ordering for designing, processing, manufacturing or producing; already publicized on prices, description of functions, technical features and technologies on the portal/website of organizations and individuals or through other means accessible to several people.

4. IT services not available on the market are the ones set up on specific requirements to meet the specific requirements of agencies and entities. Accordingly, agencies and entities hire organizations and individuals to newly set up, expand or upgrade technical infrastructure systems, software and databases to meet specific requirements of agencies and entities; After completing the IT system or item, such organization or entities shall arrange the management and operation to provide services to the hiring agency or entities or hand over to such agencies or entities to self arrange the management and operation for a certain period of time.

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