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.

5.                      IT application project is a collection of activities related to research, capital investment to procure, hire IT, newly set up, expand or upgrade the technical infrastructure, software, database to develop, maintain and improve the quality of products and services, and operational efficiency within a certain period. In the preparatory stage, IT application projects are expressed through pre-feasibility study reports, policy proposal reports, feasibility study reports or techno-economical reports.

6.                      Author supervision is the work of checking, explaining or handling problems, changes or arising in order to ensure the deployment of installation and adjustment of IT materials and equipment, commercial software or construction, development, upgrade, expansion of internal software, database in accordance with detailed design and copyright protection for detailed design as prescribed.

7.                      Project completion dossier means a collection of files and documents related to the IT application investment process, which must be archived when putting products or work items of the project into exploitation, using.

8.                      Software testing is the inspection of the software s response to technical requirements to be met and users requirements by techniques, means and equipment.

9.                      Software expansion means a software modification to enhance the function of an available software in order to further meet some requirements of users and business requirements in the software operating and exploiting environment.

10.                 Software upgrade is a modification for the increase in performance, safety capacity, security of an existing software in order to optimize the ability to handle user requests and minimize risks in software operating and operating environment.

11.                 Software development (software construction) means the software processing and production in order to meet the requirements of organizations, users or for commercial business purposes in the market. Software development is carried out in a production environment, or also called, development environment.

12.                 Open source software means software provided with the source code attached, users do not have to pay the licensing fee for the source code but must comply with international regulations on the use of open source software.

13.                 Internal software means software constructed, developed, upgraded and expanded according to specific requirements of an organization or user in order to meet the specific requirements of that organization or user.

14.                 Commercial software is an available software; 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 many people.

15.                 Quality management of IT application investment project (referred to as quality management for short) means management activities in the course of conducting surveys; design; deploying and monitoring implementation; testing or commissioning; accepting, handing over to ensure the requirements of product quality and project quality.

16.                 Management of IT application investment costs means activities of managing total investment, estimates, cost norms and price unit of IT application.

17.                 Appraisal means the examination and evaluation of investment deciders, investors, specialized agencies on IT and other competent agencies in the process of project preparation and implementation as a ground for review, decision and approval.

18.                 Verification means the examination and evaluation of professional competence of organizations and individuals that are competent and experienced in the process of preparing and carrying out investment activities as a ground for the appraisal.

19.                 Basic design means documents presented by explanations and preliminary diagrams of technical infrastructure system design, software, databases and other contents then ensure the project plan showing. Basic design may include one or more items of IT application.

20.                 Detailed design means documents presented by explanations, diagrams, descriptions of design contents and other technical requirements to be met.

21.                 The overall model of an information system is the highest level model of an information system. This model fully presents the architecture, layers/components of an information system such as users, businesses, applications, data, IT infrastructure (including information security assurance) and their relationship with external systems that interact, integrate, connect, and share information with that system.

22.                 The logic model of an information system is a model showing the detail level of the overall model. The logic model shows the handling process between system components or between the system and other related systems to address the system s technical requirements to give out the desired results.

23.                 Physical model of an information system is a model showing the detail level of a logic model. This model represents the design of an information system based on a logic model and the design solution of the chosen system with information on solution, specifications and equipment, tools used (if any) in accordance with applicable technical standards and regulations.

Article 4. Implementation of the law on priority policies on investment, hiring, procurement of domestically produced IT products and services

IT application activities within the governing scope of this Decree must prioritize investment, hiring and procurement of domestically manufactured IT products and services.

The Ministry of Information and Communications promulgates the detailed criteria for identifying and announcing a list of domestically-produced IT products and services prioritized for investment, hiring and purchase; list of shared open source software products meeting requirements of use in state agencies; list of enterprises whose products meet the priority criteria for investment, hiring, and purchase. For specialized software products, the Ministry of Information and Communications shall coordinate and agree with the specialized management ministries before promulgating.

Article 5. Compliance with e-government architecture and assurance of data connectivity, interconnection and sharing

1.                      The construction, appraisal and approval of investment policies, investment decisions, design and implementation of IT application projects must comply with the applicable ministerial or provincial e-Government Architecture Framework of Vietnam.

2.                      Projects to build national databases, databases of ministries, central agencies and localities prescribed in the IT Law must ensure data connectivity, interconnection and sharing according to the law.

Chapter II

MANAGEMENT OF THEITAPPLICATION PROJECT

Section 1

GENERAL PROVISIONS

Article 6. Management of IT application projects in suitability with the features and funding used.

1.                      For IT application investment project that uses the expenditures for investment and development funded by the State budget, the provisions of the Law on Public Investment and the regulations on expense management and quality management in Section 2 of this Chapter shall apply.

2.                      For IT service hiring projects funded with expenditure for development of state budget source (hereinafter referred to as hiring projects), the order, procedures and implementation authority shall comply with the regulations of the Law on Public Investment and the provisions on cost management and quality control in Section 3 of this Chapter.

3.                      Where a project has IT products and services not available in the market, if necessary, the investor shall consider and report to the competent authorities for selection of organizations and individuals researching, proposing technical solutions and plans; building and testing products and services. The above-said organizations and individuals bear all expenses incurred (if any). After successfully testing, identifying technical solutions, technologies, costs, the investor proceeds with the investment procedures as prescribed.

4.                      Where a project in another field has an item of IT application, the management of expenses and quality control of that item of IT application shall comply with the provisions of this Decree.

Article 7. Classification of projects

Based on the importance and scale, projects are classified into national important projects, Group A projects, Group B projects and Group C projects according to the criteria prescribed by the Law on Public Investment.

Article 8. Investors

1. Investors are agencies and organizations who are directly assigned to manage IT application projects, specifically, as follows:

a)    The entity managing, using products of the project or entities specialized in IT

as the investor;

b)   Ministries, central agencies, People s Committees at all levels concurrently act

as investors;

c)    The project management unit which is established by the ministries, central agencies and People s Committees at all levels if such project management unit has the legal status and is eligible for implementation of the project.

2. For projects using mixed capital, the investor is appointed by the capital contributors or is the representative of the party with the highest rate of capital contribution.

Section 2

MANAGEMENT OF IT APPLICATION INVESTMENT

Subsection 1

ORDER OF INVESTMENT AND PREPARATION OF INVESTMENT

Article 9. Investment order ofITapplication investment projects

1. The order of investment in IT application investment projects covers the following stages:

a)  Preparation for investment;

b) Implementation of investment;

c)  Termination of investment.

2.                      Jobs in the stage of investment execution and termination may be carried out sequentially or alternatively depending on the specific conditions of each project and determined by the person competent to make decision on the investment.

3.                      Encouraging the application of mixed bidding packages to projects with items of construction investment, development, upgrade and expansion of internal software. Depending on the nature and scale of the project, the person competent to make decision on the investment shall have to consider and decide the appropriate implementation form and take responsibility before law for the effectiveness of the project.

In case of the application of a mixed bidding package, the project implementation shall be mutually agreed upon by the contractual parties.

4.                      The selection of contractors, negotiation and signing of contracts shall comply with the provisions of bidding law and relevant legal documents.

Article 10. Design steps

1. Depending on the scale and nature of a specific IT investment project, the design may be implemented in one or two steps:

a)  01-step design is detailed design;

b) 02-step design is inclusive of basic design and detailed design.

2. The 1-step design is applicable to the following IT application investment projects, unless it is deemed necessary by the person competent that makes decision on the investment and requires 2-step designing:

a)                      Project on reserve procurement, replacement of hardware equipment of the existing technical infrastructure system, procurement of equipment without installation, commercial software;

b)                     The projects for new investment, expansion or upgrading of technical

infrastructure, software and database systems with total investment of VND 15 billion or less;

c)                      The projects for new investment, expansion or upgrading of technical infrastructure, software and database systems if it is deemed eligible for detailed design and estimation.

Cases of 1-step design prescribed at Points a, b and c of this Clause, detailed designs and estimates of economic-technical reports are made at the stage of investment preparation in lieu of basic designs and total investment of the feasibility study report.

3. The 2-step design is applicable to other IT investment projects, except for those specified in Clause 2 of this Article.

In the case of performing a two-step design, the detailed design must conform to the approved basic design in terms of the overall model, the logic model, the physical model of the system or its components of the system (if any).

Article 11. Investment preparation

1. The contents of investment preparation work include:

a)  Preparing, appraising and deciding the project investment policy;

b) Conducting the survey;

c)  Preparing, appraising and deciding the project investment.

2.                      Investors shall, by themselves, conduct or hire organizations and individuals to set up surveying tasks, conduct surveys, make feasibility study reports or economic-technical reports. An advising organization or individual may simultaneously conduct a survey and make a feasibility study report or an economic technical report.

3.                      The investment preparation stage ends when the person competent has made decision on investment approves the project.

Article 12. Preparation, appraisal and decision on investment policies of projects

1.                      The order, procedures and preparation authority, appraisal and decision on investment policies of projects shall comply with the law on public investment.

Entities assigned to prepare reports on pre-feasibility study, reports on proposal of investment guidelines for project investment shall implement by themselves or hire organizations and individuals to prepare pre-feasibility study reports and reports on proposal of investment guidelines.

2.                      The contents of pre-feasibility study reports and reports on proposal of investment guidelines for projects shall comply with the Law on Public Investment. The preliminary determination of the total investment amount in the contents of a pre-feasibility study report, a report on the project investment policy is made by comparison method or expert method or according to market price or combination of methods or based on the approved IT application plan.

3.                      Where an investment project in another field has an IT application item, a prefeasibility study report or a report on proposal of investment guidelines for an IT application shall be implemented as prescribed in Clause 2 of this Article.

Article 13. Preparing survey task and organizing the implementation of the survey

1. The survey task covers the following contents:

a)  Purposes of the survey;

b) Scope of the survey;

c)  Expected types of survey works;

d) Estimated time the survey conduct.

2. Survey tasks must be approved by investors in accordance with the requirements of each type of survey work and serve as a basis for carrying out the survey work.

Article 14. Report of survey results

1. Content of survey result report

a)  Names of approved survey tasks;

b) Characteristics and scale of investment;

c)  Procedures, methods and equipment (if any) used for the survey;

d) Data and actual survey results. For internal software, adding user requirement

description;

d)   Analyzing data and assessing survey results;

e)    Proposal of technical-technological solution (if any) for basic design or detailed design (in case of additional survey or in case the project conducts the economical-technical reports)

g)  Conclusions and recommendations;

h) Relevant appendices to illustrate the obtained survey results (if any).

2.                      The report on survey results must be checked and accepted by the investor and be the ground for the implementation of the basic design or detailed design (in case the project conducts the economical-technical reports).

3.                      Organizations and individuals that set up survey tasks or conduct surveys must be responsible to investors and law for the quality of works assumed; pay liquidated damages (if any) when performing improperly approved survey tasks and other acts of causing damage.

Article 15. Acceptance of survey results

1. Bases for acceptance of survey results

a)    Contracts of surveying (in case of hiring organizations or individuals to

conduct surveys);

b)   Approved survey tasks;

c)    Report of the survey results.

2. Content of the acceptance

a)  Assessing the quality of the survey works compared to the survey tasks;

b) Checking the form and quantity of reports of survey results;

c)  Accepting the survey work volume as per the signed contract.

3. Acceptance results must be recorded in writing.

Article 16. Preparation of project feasibility study report

1. The basic design is part of the project feasibility study report.

2. The contents of a project feasibility study report comply with the Law on Public Investment, in which, for an IT application investment project, the following contents must be clearly stated:

a)    Assessing the compliance with the E-Government Architecture Framework of Vietnam, ministerial-level E-Government architecture or the provincial E-

Government architecture;

b)   Analysis and selection of technological, technical and equipment plans,

including analysis and selection of plans to ensure data connectivity, connection and sharing with related technical infrastructure systems, software, database; requirements on the readiness with IPv6 or solutions to upgrade the system to ensure the readiness with if having relevant contents operating on the Internet environment;

c)    Basic design of the selected plan.

Article 17. Principal contents of a basic design

1. Basic design requirements

a) Conform to the approved IT application program and plan and comply with

current e-Government Architecture Framework of Vietnam, ministerial-level e-

Government Architecture or provincial e-Government Architecture; b) Comply with applicable technical regulations and standards;

c)  Show key parameters, main functions and features;

d) The total investment must be determined.

2. Main contents of the basic design

a) The explanation section

-  Describing project requirements;

-  List of technical regulations, applied standards;

-  Explaining the overall model, the logic model, the physical model of the system or its components (if any), giving the main investment items of the project according to the selected plan, ensuring the internal, external connections, transmission lines (if any) of the system and sizing of basic specifications and number of equipment;

-  Preliminary volume of construction and installation works, equipment and technical requirements; preliminary volumes of training works for instructing the use, administration, operation and other related work;

-  Describing to be met technical requirements of internal software as prescribed in Article 18 of this Decree.

b) Preliminary diagram section:

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

-  Preliminary diagram showing the connectivity and connection with relevant technical infrastructure systems, software and databases.

c) Main contents of the basic design for the items or project of provision procurement, replacement of hardware equipment of the existing technical infrastructure system, procurement of equipment without installation, commercial software consist of:

-        List of commercial software and hardware equipment and technical requirements of the equipment;

-        Making statistics of volume of commercial software and hardware equipment.

Article 18. Description of to be met technical requirements of internal software

The description of to be met technical requirements of the internal software must be eligible for determining the cost of constructing, developing, upgrading and expanding the internal software, including the following main contents:

1. Name of the software

2. Main parameters:

a)    Business processes that need to be computerized (organization and operation

of processes and products of the business process, processing manipulations of the business process)

b)    Entities that are involved in the business process and their relationships  (human, resources, equipment for business handling, other supporting factors);

c)     List of user requirements.

3. Non-functional requirements:

a)     Requirements to be met for the database;

b)    Requirements for information security;

c)     Requirements to be met about processing time, processing complexity of

software;

d)    Requirements for installation, infrastructure, transmission line, operating,

exploitation and use safety;

dd) Constraints on the system include: environmental constraints, dependence on

the foundation system;

e)     Requirements for readiness with IPv6 (if operated on Internet environment);

g) Other non-functional requirements.

Article 19. Total project investment

1.    The total project investment means the total estimated investment cost stated in the investment decision, which serves as a basis for investors to plan and manage capital when carrying out project investment.

2.    Total investment is inclusive of:

a) Construction and installation costs:

-  Expenses for procurement, installation of networks, IT network accessories and other expenses for network installation;

-  Other direct construction and installation costs involved. b) Equipment expenses:

-  Expenses for procurement of IT equipment: Equipment to be installed, equipment not to be installed, auxiliary equipment and peripheral equipment, commercial software, internal software and other equipment; equipment transportation and insurance expenses; taxes and fees related to equipment procurement;

-  Expenses for creating database; standardizing and converting data for data entry; performing data entry for the database;

-  Expenses for installing equipment; installing software, checking and calibrating the equipment and software

-  Expenses for training and instruction usage; expenses for training system administrators, operators (if any);

-  Expenses for deploying, supporting, managing, operating products or work items of the project prior to acceptance and handover (if any).

c)                      Project management costs: including expenses for organizing project management from the stage of investment preparation to the completion, acceptance, handover and putting of project products into operation and expenses of supervision and evaluation of project investment;

d)                     Investment consultancy expenses: Expenses for surveying, preparing pre-

feasibility study report, investment policy proposal report, feasibility study report or economic-technical report; surveys and investigation to prepare pre-feasibility study reports, investment policy proposal report, feasibility studies or economic-technical reports, to select solutions; verifying the effectiveness and feasibility of investment projects; setting up detailed designs, adjusting and supplementing detailed designs; preparing estimation; adjusting estimates; verifying detailed designs and estimates; preparing requirement dossiers, prequalification soliciting document, bidding documents and expenses for analysis and evaluation of proposals, prequalification submissions and bids for selection of contractors; setting norms and unit prices; checking the quality of materials and equipment; assessing product quality; converting investment capital; supervising the deployment; performing other consulting works;

d)                     Other expenses: fees and charges; insurance (excluding equipment insurance

costs prescribed at Point b of this Clause); testing or commissioning; auditing; verifying and approving investment capital settlement; installing and hiring transmission lines; fee for domain name registration and maintenance; expenses for hiring IT services; expenses for evaluating price and other specific expenses;

e)                      Contingency expenses: Contingency expenses for slippage during the project implementation period, contingency expenses for volume incurred and contingency expenses for the temporarily calculated amount (if any).

In case the project is implemented on a range of different locations or abroad, the expenses specified at Points a, b, c, d, dd and e of this Clause shall be added with the expenses for transporting equipment and workforce.

Expenses specified at Points a, b, c, d, dd and e of this Clause, if not yet prescribed or not yet calculated, shall be temporarily calculated to be included in the total investment.

3.    The total investment is calculated and determined in the stage of preparing a feasibility study report in compliance with the contents of the feasibility study report and basic design.

Where a project prepares an economic-technical report, the estimates is made instead of the total investment. The estimate is calculated by the volume of the detailed design and under the provisions of Article 28 of this Decree.

4.    The total investment is determined by one of the following methods:

a)                      Calculated as per the basic design of the feasibility study report, of which: Construction and installation cost is calculated based on the main volumes from the basic design, other estimated volumes and the price of suitable supplies and equipment, service in the market; Equipment expenses are calculated according to the quantity and types of equipment suitable with the IT application solution, market equipment price and other relevant factors (if any); The expenses of construction, development, upgrade and expansion of internal software is determined by comparative method or expert method or cost calculation method or according to market quotation or combination of methods; Project management expenses, investment consultancy expenses and other expenses shall be determined by estimating or temporarily calculating as per a percentage (%) of the total construction and installation expenses, equipment expenses; The contingency cost is determined in accordance with Clause 5 of this Article.

For IT application using new technology, the determination of expenses under the total allowed investment is based on market quotes (if any).

b)                     Calculated on the basis of data of already implemented projects with similar economic-technical norms. When applying this method, it is required to calculate the conversion from similar project data on the time of making the feasibility study report and adjusting the unspecified expenditure items in the total investment accordingly;

c)                      Combining the methods specified at Points a and b of this Clause.

5. The contingency expenses for the incurred work volume are calculated on the total of the costs prescribed at Points a, b, c, d and dd, Clause 2 of this Article. The contingency expenses for the slippage factor are calculated on the basis of the project implementation duration, taking into account the domestic and international price fluctuation possibilities.

Article 20. Competence and order of project basic design appraisal

1.                      The Ministry of Information and Communications shall appraise basic designs for Group A projects, except for investment projects on reserve procurement, replacement of hardware equipment on existing technical infrastructure systems, and procurement of equipment without installation, commercial software.

In case of necessity, the ministries, central and local agencies may additionally collect comments from the Ministry of Information and Communications on project basic designs under the appraisal competence of the entities specified in Clause 2, Clause 3 of this Article.

2.                      IT-specialized entities directly under the provincial-level People s Committees shall appraise basic designs of projects with investment decisions made by presidents of People s Committees at all levels, except for projects with basic designs under the appraisal competence of the Ministry of Information and Communications.

3.                      IT-specialized entities directly under persons competent shall decide on investment in appraisal of basic designs, except for projects with basic designs under the appraisal competence of the Ministry of Information and Communications or under the appraisal competence specified in Clause 2 of this Article.

4.                      Where the basic design appraisal entity is also the investor, the basic design appraisal entity shall set up an appraisal council to appraise the basic design or the person competent to decide shall entrust other specialized entities to appraise the basic design.

5.                      The appraisal council or the investment management-specialized agency shall appraise the projects in accordance with the Law on Public Investment (hereinafter called focal point entity in charge of appraisal) shall:

a)    Send the basic design documents to collect the basic design appraisal of the competent entities specified in Clauses 1, 2 and 3 of this Article (except for the case that the investor is also an appraisal entity of basic design);

b)   Consult the relevant agencies and entities to evaluate the project (if

necessary).

6. Basic design appraising entities as prescribed in Clauses 1, 2, 3 and 4 of this Article shall send opinions on appraisal of basic designs to focal point entity in charge of appraisal for synthesizing their opinions when carrying out project appraisal.

Article 21. Documents and contents of basic design appraisal

1. The document of focal point entity of appraisal arrangement sent to get the opinions on the basic design appraisal shall be inclusive of:

a)  Report on survey results;

b) Basic design;

c)  Other relevant legal documents and dossiers.

The number of documents is 01 set.

2.    The time for basic design appraisal from the date of full receipt of valid documents is as follows: Not later than 20 days for Group A projects; not later than 15 days for group B projects; not later than 10 days for Group C projects.

3.    Contents of basic design appraisal:

-  The conformity of components and specifications of basic designs compared with the provisions of law, including: explanations of basic designs, basic design diagrams, survey documents and other documents in accordance with relevant laws;

-  The conformity with planning, programs and plans on IT application;

-  The compliance with the E-Government Architecture Framework of Vietnam, ministerial-level E-Government Architecture or Provincial E-Government Architecture;

-  The conformity of the selection of technological, technical and equipment options;

-  The conformity of basic design with standards, technical regulations and basic requirements on technical functions and features;

-  The conformity of basic design in connecting, linking and sharing data with relevant technical infrastructure systems, software and databases.

Article 22. Competence, order and contents of appraisal of detailed designs ofITapplication investment project in the form of economic-technical reports

1. The main contents of an economic-technical report include:

a)    Assessing the compliance with the E-Government Architecture Framework of

Vietnam, ministerial-level e-Government Architecture or the provincial E-

Government Architecture;

b)   Analyzing and selecting technological, technical and equipment plans, including analysis and selection of plans to ensure data connectivity, interconnection and sharing with related technical infrastructure systems, software, database; requirements on readiness with IPv6 or solutions to upgrade the system to ensure readiness with IPv6 if having relevant contents operating on the Internet environment;

c)    Detailed design documents and estimates according to Article 27 and 28 of

this Decree;

d)   Other contents of the economic-technical report according to the contents of

the feasibility study report prescribed in the Law on Public Investment.

2. Competence and order of appraisal of detailed designs of IT application investment projects in the form of economic-technical report

a)                      The Appraisal Council or the specialized agency in charge of investment management appraising the project in accordance with the Law on Public Investment (hereinafter referred to as the appraising entity) shall: send detailed plans to collect detailed design appraisal opinions from competent entities defined in Points b, c, d and dd of this Clause; consult relevant agencies and entities for project appraisal (if necessary);

b)                     The Ministry of Information and Communications shall appraise the detailed

design of Group A projects, except for investment projects on provision procurement, replacement of hardware equipment on existing technical infrastructure systems, and procurement of equipment without installation, commercial software.

In case of necessity, the ministries, central and local agencies may additionally collect opinions from the Ministry of Information and Communications on the project s detailed designs under the appraisal competence of entities defined at Points c. and d this clause;

c)                      The specialized IT entities directly under the provincial-level People s Committee appraises the detailed designs of projects decided for investment by the presidents of the People s Committees of all levels, except for projects with detailed under the appraisal competency of the Ministry of Information and Communications;

d)                     Specialized IT entities directly under the person competent to decide on investment shall appraise detailed design, except for projects with detailed design under the appraisal competence of the Ministry of Information and Communications or under the appraisal competence specified at Point c of this Clause; dd) Where an detailed design appraisal entity is also the investor, the detailed design appraisal entity shall set up an Appraisal Council to appraise or the person competent to make investment decision shall assign other specialized entities to appraise the detailed design;

e)                      The entities appraising the detailed designs prescribed at Points b, c, d and dd of this Clause shall send their detailed design evaluation opinions to the focal point entity of appraisal arrangement to summarize their opinions when carrying out project appraisal.

3. The contents of detailed design evaluation and estimates shall comply with Clauses 1 and 2, Article 29 of this Decree.

Article 23. Adjustment of the project

The adjustment of IT investment application project that uses the expenditures for investment and development funded by the State budget shall comply with the provisions of law on public investment.

Subsection 2

PERFORMANCE OF INVESTMENT

Article 24.-Contents of works in the stage of investment implementationThe content of works in the stage of investment implementation includes:

1.    Carrying out additional surveys (if necessary).

2.    Making agreement on use of national frequencies and digital resources (if there is a requirement on an agreement on the use of digital frequencies and resources in accordance with relevant laws).

3.    Making, appraising and approving detailed design dossiers, except for cases where a project makes an economic-technical report.

4.    Organizing the selection of contractors and performance of contracts.

5.    Checking and supervising the process of contract performance.

6.    Managing the project performance

7.    Testing or commissioning.

8.    Handing over products, work items of the project.

9.    Training and instructing the usage, deploying, supporting, managing, operating and exploiting.

10.                       Accepting and handing over the project

11.                       Preparing documents of work completion, archiving documents of the project as per the regulations.

Article 25. Additional surveying

1.                      Investors are responsible for considering and deciding on additional surveys.

2.                      Additional surveying tasks are prepared according to the contents specified in Clause 1, Article 13 of this Decree.

3.                      The contents of the reports on additional survey results and the contents of acceptance of additional survey results shall comply with Article 14 and Clause 2, Article 15 of this Decree.

4.                      Reports on additional survey results must be checked and accepted by investors and serve as a ground for the preparation or change, adjustment and supplementation of detailed designs or basic designs of feasibility study reports.

Article 26. Preparation of detailed design

1.    Investors shall themselves implement or hire organizations and individuals to set up detailed designs and estimates. During the design process, they are allowed to use typical designs for similar IT application models.

2.    Documents used as a ground for detailed design

a)        The decision on approving the project and the approved feasibility study

report, except for cases where the project is implemented in the form of economic technical report;

b)       List of applicable technical regulations and IT standards;

c)        E-Government Architecture Framework of Vietnam, ministerial e-

Government Architecture or provincial e-Government Architecture;

d)       Report on survey results;

d) Report on additional survey results (if any) and other requirements (if

necessary).

3.                      The organizations and individuals that make detailed designs shall perform author supervision throughout the project implementation and acceptance process when requested by investors.

The organizations and individuals that make detailed designs may not use the names of other detailed design organizations or individuals in any form.

4.                      The organizations and individuals that make detailed designs and estimates shall hand over to investors with detailed design documents in quantities sufficient to ensure investment management and archival.

5.                      Approved detailed design documents shall be archived according to law provisions on archives.

Article 27. Main contents of detailed design documents

1. The main content of the detailed design

a) For network construction, installation of IT equipment and accessories:

-  Technical specifications applied in deploying the installation, fixing, inspection and calibration of equipment;

-  List of installed equipment, and equipment specifications;

-  Statistics of the volume of construction and installation work, equipment of the main and auxiliary investment items; training work volume on instructions on usage, administration, operations and other related work;

-  Guidance on implementation measures (for complicated deployments);

-  Safety measures for operation, fire and combustion prevention and fighting (if any);

-  Site plan;

-  Detailed diagrams and explanation of solutions for network design, transmission lines, technical infrastructures, information security, power supply, lightning protection, cooling systems, transmission bandwidth calculations;

-  Diagram and explanation of IP network address planning;

-  Equipment installation diagram: location, distance, installation height (if any); connection points; statistics on materials and supplies in service of equipment installation and fixing;

-  Network construction and installation diagram: Wiring, installing protective cable tray, surge protection, using materials in network installation, linking between the network modules and connecting to the external system to the essential dimensions and materials;

-  For linear installation and construction network (if any): displaying route plan, angle of alignment, installation elevation and coordinates, main intersection of the route, route protection corridor with essential dimensions and raw material.

b) For provision procurement items or projects, replacement of hardware equipment of the existing technical infrastructure system, procurement of equipment without installation, commercial software, main contents of detailed designs are inclusive of:

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

-  Statistics of volume of hardware and software equipment.

c) For internal software:

-  Content describing technical requirements to be met of internal software in the stage of investment preparation;

-  Analysis and function description of software;

-  Requirement on fault tolerance level for programming syntax errors, logic errors in data processing, and in control of the accuracy of input data;

-  Requirements on readiness with IPv6 or upgrade solutions to ensure readiness with IPv6 if operating on Internet environment; in case of Internet connection, encouraging IPv6 compatibility, or having upgrade solutions to ensure readiness with IPv6;

-  Aesthetic and technical requirements to be achieved of the program interfaces;

-  Requirements on the capacity of officials involved in constructing, developing, upgrading and expanding software;

- Other non-functional requirements.

d) Detailed requirements of training and instructing on the usage; deploying,

supporting, administering and operating products or work items of the project before handing over and accepting (if any); requirements on warranty and maintenance.

2. The estimates are made in accordance with Article 28 of this Decree.

Article 28. Estimation

1. The estimate is the entire project implementation cost determined at the project implementation stage for each specific project in accordance with the feasibility study report, detailed design and other works to be performed.

a)    The estimate is a content in the detailed design documents; The approved detailed estimate of an investment item is the basis for determining the bidding package price in case of contract awarding or self-executing and works performed without contract;

b)   For mixed bidding packages, the estimate of bidding package is determined

on the basis of the signed contract price;

c)    In case of using a typical design, the estimate is determined on the basis of the

estimate of the typical design prescribed in Clause 1, Article 26 of this Decree.

2. The content of estimates include expenses for construction and installation, equipment expenses, project management expenses, investment consultancy expenses, other expenses and contingency expenses.

a)     Construction and installation expenses:

Construction and installation expenses are determined by making estimates based on the norms and methods of setting norms according to the guidance of the Ministry of Information and Communications and relevant regulations.

b)    Equipment expenses are determined on the basis of the quantity and types of

equipment to be procured and the market price of equipment. The expenses of construction, development, upgrade and expansion of internal software are determined by comparative method or expert method or cost calculation method or according to market quotation or combination of methods. Expenses of installing, equipment, creating databases, training and instructing the usage, administration and operation; equipment transportation, insurance expenses; expenses of deployment, support, administration, operation of products or work items of the project prior to handover and acceptance (if any) and other relevant expenses (if any) are determined by estimation;

c)     Project management expenses and investment consultancy expenses are

determined on the basis of proportional cost norms or by making estimates;

d)    Other expenses, including expenses not yet specified at Points a, b and c of

this Clause and determined by estimating or prorating expense norms;

dd) The contingency expenses for the incurred work volume is calculated by the percentage (%) of the total expenses specified at Points a, b, c and d of this Clause. The contingency expenses for the slippage factor are calculated based on the investment duration of the project.

3.                      The application of methods of estimating, calculating expenses, setting norms, unit prices in each period and managing expenses shall comply with the notices and instructions of the Ministry of Information and Communications.

4.                      The Ministry of Information and Communications shall announce labor unit prices in management of investment expenses in IT application.

5.                      The contents of documents serving expenses determination and methods of determining internal software expenses and internal software testing shall comply with the guidance of the Ministry of Information and Communications.

Article 29. Organization of appraisal and approval of detailed designs and estimates

1. Content of detailed design appraisal

a)    The compliance of components, specifications of the detailed design compared with the provisions of law, including: the main contents of the detailed design, survey documents and other documents as prescribed by relevant laws;

b)   Conformity with the basic design in the approved feasibility study report and

relevant provisions of law, except for the case when the project is prepared to make economic-technical report;

c)    Conformity with applicable standards and technical regulations;

d)   The compliance with the E-Government Architecture Framework of Vietnam, ministerial-level E-Government Architecture or Provincial E-Government

Architecture;

d)   The rationality of the solution and equipment (if any);

e)    The conformity of safety measures on operation, fire prevention and fighting (if any).

2. Contents of estimate appraisal

a)    The conformity between detailed design volume and estimated volume;

b)   The conformity of the application of economic-technical norms, expense levels and unit prices; the application of norms, unit prices, calculation methods, related regimes and policies, and expense items in estimates according to regulations.

3.    Investors shall organize the appraisal and may hire competent and experienced organizations and individuals to verify the detailed designs and estimates to serve as a basis for appraisal of the tasks performed by themselves, except for projects in which economic-technical reports are formulated.

4.    Competence to approve detailed designs and estimates.

a)   Investors approve the detailed design and estimates for the 2-step design case;

b)  The approval of detailed designs and estimates is carried out simultaneously,

without separating the detailed designs from the estimates.

5.                      The approved detailed design document is the basis for the investor to manage the quality, schedule and measures to organize the project implementation.

6.                      Organizations and individuals performing the appraisal, verification and approval of detailed designs and estimates shall be responsible before law for their results of appraisal, verification and approval.

7.                      Where an adjustment of a project results in the detailed design and estimates adjustment, the adjusted contents must be re-appraised and re-approved by the investor according to the provisions of this Article.

Article 30. Adjustment of detailed design

1. Approved detailed designs may only be adjusted in the following cases:

a)    When the project is adjusted according to Article 23 of this Decree and the

design adjustment is required;

b)   In the course of implementation, unreasonable factors are found and if not changed, shall affect the project s investment quality, progress, implementation measures and investment efficiency of the project.

2.                      If the detailed design adjustment does not change the technical and technological solutions; does not change the investment scale and objectives and not make the exceeding of the approved total investment, the investor may adjust the detailed design itself. In the other cases, the investor must submit to the person competent to make investment decision to re-appraise and re-approve the adjusted content.

3.                      For a project in which an economic-technical report is made, if the change of the detailed design does not change the investment and scale objectives and does not exceed the estimate already approved by the person competent to make decision on investment, the investor may readjust the detailed design; In the other cases, the investor must submit to the person competent to make investment decision to reappraise and re-approve the adjusted content.

4.                      Depending on specific conditions of projects, investors may hire organizations and individuals to adjust detailed designs and basic designs.

Article 31. Cases of adjustment of estimates

1.                      Investors organize the preparation of adjusted estimates in the cases prescribed in Article 23 and Clause 1, Article 30 of this Decree.

2.                      In case of a change in the cost structure in the estimate (including the contingency costs) but not exceeding the total investment or the approved estimate (for cases where a project has an economic-technical report), the investor shall self-adjust the estimates of investment items of the project.

3.                      Depending on specific conditions of project, investors may hire organizations and individuals to make adjusted estimates.

4.                      The contents of adjusted estimates, decided by investors or persons competent to make decision on the investment, are part of detailed design documents.

Article 32. Implementation and supervision of implementation

1.                      Investors shall, by themselves, perform or hire organizations and individuals to perform the construction and installation of technical infrastructure systems, software installation and adjustment of supplies and equipment.

2.                      The deployment contractor shall set up a quality management system suitable to the scale if so requested by the investor; make a work deployment log.

3.                      Investment projects, in the course of deploying, installing technical infrastructure systems, installing software, adjusting materials and equipment, shall comply with the implementation supervision regime.

4.                      Investors shall self-implement or hire organizations and individuals to supervise the work deployment.

5.                      The content of deployment, supervision of deployment and acceptance shall comply with the regulations of the Ministry of Information and Communications.

Article 33. Management of implementation progress

1.                      The project, before being implemented, must be scheduled for implementation. The implementation schedule must be in line with the overall project schedule.

2.                      For projects of large-scale and the implementation duration lasts more than 1 year, the implementation schedule must be made for each period, quarter and year.

3.                      Contractors are obliged to prepare detailed implementation schedules, alternately combine the works to be performed but must ensure that they are compatible with the approved total project schedule.

4.                      The investors, the supervising unit of the work deployment (if any) and the stake holders are responsible for monitoring, supervising and adjusting the schedule in case the progress in some stages is prolonged but mustn’t affect the total progress of the project.

5.                      Encouraging the acceleration of project implementation on the basis of investment quality assurance.

Article 34. Testing or commissioning

1.                      Project s products must be subject to testing or commissioning at, at least, one beneficiary before conducting acceptance.

2.                      In case of testing, depending on specific conditions, investors may choose one of the following forms:

a)   Self-testing;

b)  Hiring independent testing organizations and individuals that have sufficient

capacity, means and conditions to carry out the testing.

3.                      The results of testing or commissioning activities shall be documented and called as reports on testing or commissioning results.

Reports on testing or commissioning results are grounds for parties of acceptance to consider when conducting acceptance or for investors to request contractors to continue to modify, supplement and complete.

4.                      Project s products, after being supplemented or completed by contractors, must be re-tested or re-operated by investors. This process only ends when the product meets quality requirements.

Article 35. Acceptance and handover of products of projects

1.                      Products or work items of a project may only be handed over to investors after they have been tested and accepted and meet the quality requirements. The investor organizes the acceptance and handover of products or work items of the project with the participation of organizations and individuals giving consultancy, equipment supply, deployment and relevant agencies, entities (if any).

2.                      Depending on the specific conditions of each project, the contractor may hand over each finished product, work item, component project or the entire completed project to the investor for putting into operation, exploitation and use.

The contractor shall also hand over together with the following documents: documents of work completion, manuals for use, management, operation, maintenance (if any) associated with the finished products or work items; technical documents for connecting as prescribed (for projects with data connection and sharing between ministries, central agencies and localities). These documents must be clearly specified in the contract and be part of the project s completed profile.

3.                      The investor must send to the competent authority specified in point b of this Clause a report on the completion of the product or work item of the project and the list of product or work item completion of projects for monitoring and inspecting products or work items of completed projects, and the compliance with the provisions of this Decree, when necessary.

a)    Duration: within 10 days (for projects with basic designs not under the

appraisal responsibility of the Ministry of Information and Communications) or within 20 days (for projects with basic designs under appraisal responsibility of the Ministry of Information and Communications) from the date of acceptance and handover, putting the project s products or work items into operation and use and acceptance, signing of minutes of acceptance by the parties involving in the acceptance;

b)   Competent entities are specified as follows:

-  For projects with a basic design under the appraisal responsibility of the Ministry of Information and Communications, the investor shall send to the Ministry of Information and Communications;

-  For projects that are decided by the presidents of the People s Committees at all levels, the investors shall send to the IT specialized entities directly under the provincial-level People s Committees, except for projects under responsibilities of the basic design appraisal of the Ministry of Information and Communications;

-  For other projects, the investors shall send to an IT specialized entity competent to appraise the basic design according to the provisions of Clause 3, Article 20 of this Decree, except for projects falling under the responsibility of basic design appraisal of Ministry of Information and Communications.

4. For construction, development, upgrading or expansion of internal software, contractors shall have to hand over:

a)     Documents of each stage in the process of constructing, developing,

upgrading or expanding the software according to the content of the signed contract;

b)     Software installation program;

c)      Source code of the program (if any);

d)     Manuals for use, management, operation, maintenance; documents for user

training, administration, operation; document of maintenance procedure (if any); technical guidance and standards and regulations (if any);

dd) Technical documents serving connection as prescribed (for projects with

data connection and sharing among ministries, central agencies and localities).

5.                      Files and documents related to the project must be archived by the investors in accordance with the law on archival.

6.                      In cases where a project cannot be continued due to force majeure or under the decision of the person competent to make investment decision, the investors shall organize the pre-acceptance test of the work already performed with the participation of consulting and designing organizations, individuals and related agencies (if any).

Article 36. Preparing and archiving documents of completedproject products or work items

1.                      Documents of completed project products or work items must be prepared in full by the investor before putting products or work items of the project into exploitation and use.

2.                      Documents of completion shall be prepared once for the whole project if the products and work items under the project are put into exploitation and use simultaneously. In case the project products and work items are put into operation and use at different times, documents of completion can be prepared for each product or work item.

3.                      The investors are responsible for organizing the preparation of documents of completion. Contractors are responsible for preparing the documents of completion for the products and work items they undertake. The number of documents of completion shall be decided by the investors on the basis of an agreement with contractors and stakeholders.

4.                      The archival of documents of completion shall comply with the law on archives.

Subsection 3

INVESTMENT FINISHING, PUTTING PRODUCTS OF THE PROJECT INTO EXPLOITATION AND USE

Article 37. Finishing investment, putting project products into exploitation and use

The contents of works which are implemented in this period include:

1. Warranty of project product.

2. Settlement of investment capital and approval of settlement.

Article 38. Warranty of project products

1. The minimum warranty period of a project products is counted from the date the investor signs the minutes on acceptance, hand-over, putting the project s product or work item into exploitation, use and is prescribed as follows:

a)   24 months warranty for products of national important projects, Group A

projects;

b)   12 months warranty for products of Group B, C projects.

2. The minimum warranty amount is calculated as a percentage (%) of the project s product value and is prescribed as follows:

a)  For 24 month warranty period products, is 03%;

b) For 12 month warranty period products, is 05%.

The contractors shall submit a letter of guarantee of a bank of equivalent value to the investor or other forms of guarantee accepted by the investors.

The contractors will only return the guarantee after the warranty period has expired and the investor has confirmed that the warranty has been completed.

3. Responsibilities of the parties on the warranty

a) The investor, agency, entities that manage and use the project products shall

be responsible for:

-  Checking and detecting errors to request contractors to repair, remedy or replace them. In case the contractors fail to meet the warranty requirements, the investors, agencies, entities that manage and use the project products have the right to hire another contractor to perform the work. The hiring cost shall be taken from the product warranty amount of the project;

-  Supervising and accepting the work of remedy, repairing and replacement done by the contractors.

-  Confirming the project product warranty completion to the contractor. b) Contractors are responsible for:

-  Organizing the remedy, repair or replacement immediately after being requested by the investors, the entities managing and using the project products and must bear all expenses for such remedying, repairing and replacing;

-  Refusing warranty in the following cases: Damage is not caused by contractor s fault; the investor violates the state management regulations and be forced to remove by a competent state agency; using project products against the operation procedures.

c) Contractors shall compensate for damage caused by their faults, damage, breakdowns and damage to the project products even after the warranty period, depending on the seriousness of the violations, shall even be punished according to regulations of the law.

Article 39. Handling of properties when projects are completed

The handling of assets as a result of the project and assets serving the operation of the project shall comply with the provisions of law.

Article 40. Project product maintenance

1.    Project products shall be maintained.

2.    Responsibilities of agencies, entities managing and using project products regarding the maintenance:

a)   Arranging the maintenance of project products;

b)   Determining the maintenance expenses on the basis of market quotes;

c)    Taking legal responsibilities for the project product quality degradation or

malfunction due to failure to perform maintenance, as prescribed.

Article 41. Payment and final settlement of projects

The payment and settlement of projects shall comply with the provisions of law. The investor or the legal representative of the investor is responsible before the law for the accuracy and legality of the unit prices, volumes and value of payment requested in the payment documents.

Subsection 4

ORGANIZATION OF MANAGEMENT OFITAPPLICATION INVESTMENT PROJECTS

Article 42. Forms of project management

1. Persons competent to decide on investment shall decide to choose one of the following project management forms:

a)    Directly manage project when the investor has sufficient conditions and

capacity;

b)   Hiring a project management consultancy organization.

2. The investors shall set up a project management unit in case of direct project management to help the investor act as the project management focal point.

For projects with a total investment of VND 15 billion or less, the investors may not set up a project management unit but use its specialized apparatus to manage, run the project or hire the ones with expertise, experience to assist project management.

Article 43. Responsibilities of investors in project management

1.                      Investors are responsible for project implementation management, performance of tasks and powers from the stage of investment preparation, investment execution to the end of investment, acceptance and handover of the project s products for putting into operation, ensuring the effectiveness and feasibility of the project and complying with the provisions of law, including works assigned to project management unit or hiring project management consultancy organizations for implementation.

2.                      Reporting on project supervision and appraisal and updating project information on the information system on supervision and evaluation of investment in investment programs and projects funded with state budget source according to regulations.

3.                      In case of directly managing the project but no project management unit is established, the investors shall use legal entity to directly manage the project implementation. The investors must have a decision to appoint a person to participate in project management and assign specific tasks, in which there must be a person directly in charge of project management. Persons appointed to participate in project management work on a plurality or sole responsibility basis.

4.                      In case of directly managing projects and establishing project management units, investors are responsible for:

a)                      Assigning project tasks and powers to the project management units on the following principles: in conformity with the actual conditions of the investors and project requirements; clearly defining responsibilities of investors and project management units; strongly decentralizing to the project management units in the sense that duties are in parallel with powers, to minimize administrative procedures between the investors and the project management units;

The assignment of tasks and authorization to the project management units must be stated in the project management unit establishment decision, investor’s assignment and authorization documents.

b)                     A project management unit may be assigned to manage multiple projects

when qualified.

5. In case of hiring a project management consultancy organization, the investors shall:

a)                      Assigning at least one leading officer or unit in charge of project implementation management and assigning tasks to specialized divisions of their entity apparatus to advise and assist for leaders to carry out the tasks and powers of investors and inspect, monitor the project implementation by project management consultants to ensure that projects comply with the contents, schedule and quality and efficiency;

b)                     Organizing the selection and signing of contracts with project management consultancy organizations, in suitability with the works undertaken to help investors manage the project implementation.

6. Assuming other responsibilities according to law provisions related to the management of IT application investment projects.

Article 44. Tasks, powers of project management units and project management consultancy organizations

1. Where an investor establishes a project management unit, a project management unit has the following tasks and powers:

a)                      Performing the tasks assigned by the investor and the powers delegated by the investor. The project management unit is responsible to the investor and the law according to the assigned tasks and authorized powers;

b)                     Project management units are not allowed to set up dependent project management units or set up dependent non-business units to perform project management;

c)                      When a project management unit is assigned to manage many projects, each project must be managed, monitored, recorded separately and promptly settled in payment after project completion according to regulations;

d)                     In case of necessity, the project management unit may hire competent and experienced organizations and individuals to participate in managing and supervising a number of works to which the project management unit is not professionally eligible or qualified to carry out, but must be accepted by the investor.

dd)The project management unit may sign contracts to hire foreign individuals and organizations with experience and capabilities to manage works to which the local consultants are not qualified to perform r in case of other special requirements The hiring of foreign consultants in this case must be permitted by the person competent to make investment decision;

e) Carrying out project management tasks in accordance with Article 45 of this

Decree;

g) Assuming other responsibilities according to law provisions related to the

management of IT application investment.

2. Where investors hire project management consultancy organizations, project management consultancy organizations have the following tasks and powers:

a)    Project management consultancy organizations shall carry out project

implementation management contents under contracts signed with investors. The contract for hiring a project management consultant must clearly state the scope of work and the content of management; the powers and responsibilities of consultants and investors;

b)   The project management consultancy organizations are responsible for

organizing the apparatus and appointing a person in charge to directly perform the project implementation management tasks under the contract signed with the investor. The project management consultant must send a written notice of the tasks and powers of the person in charge and the apparatus of the consultant directly performing project management to the investor and notify the other contractors and organizations and individuals involved;

c)    The project management consultancy organizations may hire competent and experienced organizations and individuals to perform a number of project management tasks, but must be approved by investors and suitable to their tasks, authority in the contract signed with investors;

d)   Carrying out project management tasks in accordance with Article 45 of this Decree and the contents committed the contract; shall compensate for damage caused by their faults in the project management process; assume other responsibilities as prescribed by law related to the IT application investment management.

dd) Assuming other responsibilities as prescribed by law related to the IT

application investment management.

Article 45. Contents of project management work

The work contents of an IT application investment project are inclusive of:

1.                      Carrying out procedures and works in service of project implementation.

2.                      Organizing the preparation detailed design documents.

3.                      Organizing the preparation of requirement documents, bidding documents; organization of contractor selection.

4.                      Negotiating and signing contracts with contractors at the request of investors.

5.                      Managing quality, volume, progress, deployment expenses, fire and explosion safety, operation safety and industrial hygiene at the site.

6.                      Supervising the work deployment according to regulations and other consulting jobs.

7.                      Organizing the acceptance and hand-over of project products; making payment, settlement and liquidation of signed contracts at the request of investors.

8.                      Making final settlement reports when the projects are completed and put into operation and use.

9.                      Performing other jobs as prescribed by law related to the IT application investment management.

Section 3

MANAGEMENT OF IT SERVICE HIRING PROJECTS

Article 46. Preparing pre-feasibility study reports and reports on investment policy proposal ofITservice hiring projects

1.                      Investors may themselves prepare or hire organizations and individuals to prepare pre-feasibility study reports and reports on investment policy proposals of IT service hiring projects.

2.                      The contents of pre-feasibility study reports and reports on investment policy proposals shall comply with the provisions of the Law on Public Investment, clearly explaining the following contents:

a)    The necessity of hiring IT services;

b)   Making preliminary determination of main items to be hired; objectives,

content, scale, scope, location and agencies and entities using IT services;

c)    Making preliminary requirements of IT service quality; preliminary technical and technological requirements to meet service quality requirements; requirements on connectivity, interconnection with other applications and information systems;

d)   Determining the hiring period must be long enough to ensure the stability,

continuity and efficiency of the exploitation and use of IT services;

d) Making preliminary determination of the total investment of the IT service

hiring project. The preliminary determination of the total investment of the hiring project shall be made by comparison method or expert method or by market quotation or combination of methods or based on the IT application plan.

Article 47. Contents of a feasibility study report ofITservice hiring projects

1. Investors shall self-prepare or hire organizations and individuals to prepare feasibility study reports of IT service hiring projects. The contents of the feasibility study report of the hiring project shall comply with the contents prescribed in the Law on Public Investment, which clearly explains the following:

a)    Current situation, necessity to hire IT services;

b)   Main items to be hired; objectives, content, scale, scope, location and

agencies and entities using IT services;

c)    Determining requirements on IT service quality; technical and technological requirements to meet service quality requirements; requirements, conditions on the possibility to connect, interconnect with other applications, information systems; describing the requirements that need to be met by internal software; security requirements for information, data and other security requirements;

d)   Identifying and clarifying the ownership of information and data formed during the provision of IT services and management and transfer plans to the hiring entity

dd) Hiring period and schedule, time of construction, development and

formation of IT services;

e) Requirements on other transactions arising during the process of exploitation

and use of IT services;

g) Determining the total investment of IT service hiring projects as prescribed in Clause 2 of this Article.

2. Total investment of IT service hiring projects

a) Structure of total investment

-  Expenses for hiring IT services;

-  Project management expenses: Including expenses for organizing project management from the stage of preparing, approving policies to the end of hiring IT services and expenses for initial supervision and appraisal of the hiring project;

-  Consulting expenses: Expenses for surveying, preparing pre-feasibility study report; policy proposal report; feasibility study report; verifying of the hiring project; bidding consultancy; supervising the implementation (if any); performing other consulting jobs;

-  Other expenses: Fees and charges; insurance; audit; verification and approval of investment capital settlement; valuation; testing or commissioning; other specific expenses;

-  Contingency expenses.

b) Methods of determination

-  The expenses of hiring IT services in a hiring project are determined by one of the following methods: Comparison method; professional solution; method of applying market quotes; cost calculation method; combination of methods;

-  Project management expenses, consultancy expenses, and other expenses are determined by estimating or prorating cost norms.

The investors shall base on the nature of IT service hiring projects to choose an appropriate hiring expense determination method and takes responsibility for their choice.

c) The Ministry of Information and Communications shall guide methods of

calculating IT service hiring expenses.

Article 48. Ownership of information and data formed during the process of hiringITservices

Information and data formed during the process of hiring IT services are owned by hiring agencies or entities. Service providers are responsible for ensuring information security and safety and fully transferring information to the agencies or entities at the end of their IT service contracts.

Article 49. Contract of hiring ofITservices and testing or commissioning

1.                      The specific contents of IT service hiring projects must comply with the guidance of the Ministry of Information and Communications.

2.                      IT services must be subject to testing or commissioning in accordance with Article 58 of this Decree before officially being used.

Article 50. Hiring centralizedITservices

Agencies and entities that hire the IT shall consider and report to competent authorities the centralized IT service hiring within their respective ministries, central agencies and localities regarding services of IT of the same nature and features that many dependent agencies, entities have the same use demands.

The hiring of concentrated IT services shall comply with this Decree and relevant law provisions.

Chapter III

MANAGEMENT OF IT APPLICATION ACTIVITIES USING THE

RECURRENT EXPENDITURES FUNDED BY THE STATE BUDGET SOURCE

Article 51. Management of implementation ofITapplication investment using recurrent expenditures funded by state budget source

1. For the IT application investment activities using the following recurrent expenditure sources, shall apply the provisions of the law on goods procurement in order to maintain the regular operations of agencies, entities:

a)    Making provision procurement, replacement of hardware equipment in the

existing technical infrastructure system;

b)   Procuring equipment without installation, commercial software; maintenance, servicing and repair of technical infrastructure systems, software; operational management, management hiring, technical support of information systems, network security services and information safety;

c)    Creating and maintaining a database system; ensuring operation of the

portal/website;

d)   Activities of applying IT with an expense of VND 200 million or less to newly establish, expand or upgrade technical infrastructure systems, software and databases;

d) Activities of IT application using recurrent expenditures to immediately

overcome or promptly handle consequences caused by natural disasters, fires or performing incident handling tasks according to requests of the National Assembly, the Government, the Prime Minister or the professional requirements prescribed in legal documents.

2.                      For IT investment activities that use recurrent expenditures with an expense of over VND 200 million to VND 15 billion to newly establish, expand or upgrade infrastructure systems, software, database, shall apply the guidance of the Ministry of Information and Communications on outlining and detailing estimates.

3.                      For IT application investment activities using recurrent expenditures with an expense of over VND 15 billion to newly establish, expand or upgrade infrastructure systems, software, database, shall comply with the regulations on managing IT application investment as follows:

a)    Project classification; order and procedures for project investment; competence to appraise and approve designs; expenditure management and quality control shall comply with Chapter II of this Decree;

b)   Investment policy; authority to decide the investment; determination of the

investor shall comply with the law on state budget;

c)    The focal point project appraisal entity is a professional unit directly under the

person competent to make investment decision.

Article 52. Management of implementation of IT service hiring activities using recurrent expenditures funded by the state budget source

1.                      For IT hiring services available in the market, shall apply the provisions of the law on procurement of properties, goods and services to maintain regular activities of agencies and entities. The service hiring price (calculated on the basis of the unit price of each service used or the unit price of output of the service) is determined on the basis of market price at the time of hiring the service.

If the person competent to decide on hiring services requires a plan for hiring IT services, the plan for hiring IT services shall comply with Articles 53, 54, 55, 56, 57 of this Decree.

2.                      For activities of hiring IT services not available in the market (hereinafter referred to as specific services), the provisions of Articles 53, 54, 55, 56, 57 and 58 of this Decree shall be complied with.

3.                      In case IT services are not yet available in the market, if necessary, service-hiring agencies and entities shall consider and report to competent authorities for selection of research organizations and individuals to propose technical solutions and plans; build and test services. The above-said organizations and individuals shall bear all expenses incurred (if any). After successful testing, identifying technical solutions, technologies, expenses, service-hiring agencies and entities shall carry out procedures for hiring IT services according to regulations.

4.                      The process of estimating and allocating estimates of hiring IT services specified in Clauses 1 and 2 of this Article shall comply with the law on state budget.

5.                      The selection of suppliers in IT service provision activities prescribed in Clauses 1 and 2 of this Article shall comply with the bidding law.

6.                      The right to own information and data formed during the process of hiring IT services shall comply with Article 48 of this Decree.

7.                      Agencies and entities that hire the IT shall consider and report to competent authorities the centralized IT service hiring within their respective ministries, central agencies and localities regarding services of IT of the same nature and features that many dependent agencies, entities have the same use demands.

Centralized IT service hiring shall comply with the provisions of this Chapter and relevant provisions of law.

Article 53. Competence to appraise and approve service hiring plans on a separate request

1.    Heads of agencies or entities competent to decide on procurement of properties, goods and services in order to maintain regular operations of agencies and entities according to regulations on approval of plans on hiring IT services on private requests (hereinafter referred to as hiring plan) according to the competence to decide on the procurement of properties, goods and services of their respective levels.

2.    The hiring plan must be appraised before approval.

a)                      The competent authority approves the hiring plan and assigns affiliated entities to carry out the appraisal of the hiring plan before it is approved (hereinafter referred to as the focal point appraising unit);

b)                     The focal point appraising unit is responsible for collecting opinions or submitting to the competent authority for approval of the hiring plan, taking the opinions of the specialized divisions on the IT;

c)                      In case of necessity, the person competent to approve the hiring plan shall request the budget using units assigned to hire services (hereinafter referred to as the hiring presiding unit) to select qualified and experienced organizations and individuals to verify part or all of the contents specified in Clause 3, Article 56 of this Decree.

Article 54. Making the hiring planning

1.    The hiring presiding unit shall assume the responsibility for hiring by itself or hire organizations and individuals to prepare hiring plans according to the contents prescribed in Clause 2 of this Article.

2.    The main content of the hiring plan

a)    Current situation, the need for hiring services;

b)   Main items to be hired; targets, contents and scale, scope, location and service

using agencies, entities;

c)    Determining the requirements on the IT service quality; technical and technological requirements to correspond to the service quality requirements; requirements, conditions on connectivity, interconnectivity with the other applications, information systems; describing requirements to be met of the internal software; requirements on security of information, data and other requirements;

d)   Identifying and clarifying the ownership of information and data formed in

the course of service provision and management and transfer plan to the hiring party;

d)   Hiring period and schedule, time of service construction, development and formation; the hiring term must be long enough (from 1 year or more but not more than 5 years) to ensure the stability, continuity and efficiency of the exploitation and use of services; in cases hiring period is less than 01 year, the permission of the hiring plan must be permitted by the competent person;

e)    Requirements for other transactions arising during the process of exploitation

and use;

g) The estimate of service hiring as prescribed in Article 55 of this Decree.

Article 55. Estimate of service hiring under specific requirements

1. Structure of estimates:

a)    Service hiring expenses;

b)   Management expenses: Including necessary expenses for the hiring presiding

unit to hire an organization to manage the implementation;

c)    Consultancy expenses: Expenses for surveying and making hiring plans;

verifying hiring plans; bidding consultancy; supervision of implementation (if any); performing other consulting jobs;

d)   Other expenses: Expenses for auditing; evaluating, testing or commissioning;

other specific expenses; dd) Contingency expenses.

2. Determination method

a)    Service hiring cost is determined by one of the following methods: Comparison method; expert method; method of applying market quotes; cost calculation method; combination of methods.

b)   Management expenses, consultancy expenses, and other expenses are

determined by making estimates or according to the percentage norms of expenses.

The hiring presiding unit shall base on the nature of the service hiring activities to select the appropriate hiring cost determination method and is responsible for his or her choice.

c)    The Ministry of Information and Communications shall guide the method of

calculating service hiring expenses.

Article 56. Appraisal and approval of hiring plans

1. Documents submitted for appraisal:

a)  A written request for appraisal of the hiring plan, made according to the form

in Appendix III enclosed herewith;

b) The hiring plan;

c)  Other relevant documents.

2. Time to appraise the hiring plan

a)                      The time limit for appraising the hiring plan shall not exceed 20 days from the date the focal point appraising unit receives a complete and valid document set and not include the time for supplementing and completing the documents. The time limit for appraising a hiring plan comprises the time the focal point unit in charge of appraisal reviews the opinions specified at Point b, Clause 2, Article 53 and Clause 4 of this Article;

b)                     In case of necessity for supplementation or additional explanation of the contents of the hiring plan, within 3 working days after receiving the documents, the focal point evaluating unit shall request in writing the hiring presiding unit to make supplementation or explanation.

3. Contents of the hiring plan appraisal

a)    Conformity of contents in the hiring plan as prescribed in Article 54 of this

Decree;

b)   The completeness, reasonableness and conformity with the actual requirements of the expense items in the service hiring estimate.

4.                      In the appraisal process, depending on the complexity of each working and spending contents, the focal point agency may collect opinions or submit to the competent authority for approval a plan to collect written comments or organize a consultation meeting to get opinions of relevant agencies, consult experts of professional organizations and individuals.

5.                      The appraisal result document is used as a basis for the step of reviewing and approving the hiring plan.

6.                      The documents submitted by the focal point appraisal entity to the person competent to approve the hiring plan are inclusive of:

a)    A statement of hiring plan for approval;

b)   The draft decision approving the hiring plan using the form in Annex IV

enclosed with this Decree;

c)    The hiring plan has been finalized according to the appraisal idea;

d)   Document of appraisal results of the hiring plan;

d) Opinions of relevant agencies and entities (if any);

e)  Other relevant legal documents and records.

7. The time limit for approving a hiring plan is no more than 10 days from the date the person competent to approve the hiring plan receives a complete and valid documentation.

Article 57. Adjustment of hiring plans

1. The approved hiring plan shall be considered for adjustment in the following cases:

a)   In case of arising requirements about the quality and quantity of services to be

hired, changing the time of hiring, thus increasing or reducing the hiring cost;

b)  The occurrence of elements that bring about higher efficiency for the hiring

operations;

c)   Occurrence of force majeure: the act of the God, fires or other force majeure

events that directly affect the hiring activities;

d)  When the IT application program or plan is adjusted by a competent authority

that directly affects the scope, content, scale and objectives of the hiring plan.

2.                      When the hiring plan adjustment does not change the objectives and scale, not exceed the approved estimates, the hiring presiding entity is allowed to self organize the appraisal and approval for adjustment.

In case the adjustment of the hiring plan changes the objectives and scale or exceeds the approved estimate, the hiring presiding entity must submit to the competent authority for consideration and decision. The changes must be appraised before making a decision. Documents, procedures and time for submission for the appraisal and approval of adjusted hiring plans shall be carried out like steps for appraisal and approval of hiring plans.

3.                      The person who makes decision on the hiring plan adjustment shall be responsible before the law for his decision.

Article 58. Organization of testing and commissioning

1.                      Services on a separate request shall be tested or commissioned before being officially put into use to ensure that they meet the requirements of the hiring plan.

2.                      In case of testing, depending on specific conditions, hiring presiding entity may select one of the following forms:

a)   Self-testing;

b)  Hiring independent testing organizations and individuals that have sufficient

capacity, means and conditions to carry out the testing.

3.                      Test results or commissioning activities must be documented and called reports on testing or commissioning results.

Report on testing or commissioning results is the basis for the parties involved in the acceptance to consider when conducting acceptance, putting into use the service or as a basis for the hiring presiding entity to request the contractor to further amend, supplement, complete. The time of hiring a service is counted from the time of accepting, taking over and using the service.

4.                      Services subject to specific requirements after being supplemented and completed by the service provision contractors shall be re-tested or re-commissioned by the hiring presiding entity. This process only ends when the services on specific requirements meet requirements on service quality and technical and technological requirements.

Chapter IV

THE RESPONSIBILITIES OF MANAGING THE OPERATIONS OFIT

APPLICATION INVESTMENT FUNDED BY THE STATE BUDGET SOURCE

Article 59. Responsibilities of the Ministry of Information and Communications

1.                      Promulgating and guiding legal documents according to its competence on the management of IT investment application funded by the state budget source

2.                      Monitoring, inspecting and promptly removing difficulties and obstacles in the process of implementing IT service hiring activities of agencies and entities; summarizing and reporting to the Prime Minister issues beyond the state management authority, of the Ministry of Information and Communications.

3.                      Monitoring and inspecting the implementation of IT programs and plans, ensuring that the investment is concentrated, targeted and effective.

4.                      Organizing inspection according to irregular plans and inspection of observance of this Decree.

5.                      Requesting and urging the provincial-level People s Committees to monitor and inspect the implementation of IT programs and plans, ensuring that investment is concentrated, targeted and effective; inspecting the compliance with the provisions of this Decree and the provisions of law related to investment projects within their management scope.

6.                      Reviewing the norm system within their management competency; amending, supplementing and promulgating in a timely manner, in compliance with the practical situation, scientific and technological advances, ensuring thrift and against wastefulness.

7.                      Building and regulating in details the use of e-Government Architecture management system of Vietnam

8.                      Assuming other responsibilities according to the provisions of law related to the management of IT application investment funded by the state budget source.

Article 60. Responsibilities of ministries, central agencies and localities

1.                      Guiding the implementation of legal documents on the management of IT application investment funded by the state budget source within their management scope.

2.                      Monitoring and inspecting the implementation of IT programs and plans within their respective management, that investment is concentrated, targeted and effective.

3.                      Examining the compliance with the provisions of this Decree to organizations and individuals participating in the management of IT application investment funded by the state budget source within their management scope.

4.                      Assuming other responsibilities according to the provisions of law related to the management of IT application investment funded by the state budget source within their management scope.

Article 61. Responsibilities of units specialized in the IT, directly under the provincial level and district level People’s Committees

1. Responsibilities of units specialized in the IT, directly under the provincial level People’s Committee.

a)                      Submitting to the Chairman of the provincial People s Committee to promulgate documents guiding the implementation of legal documents on the management of IT application investment funded by the state budget source at localities;

b)                     Guiding district-level People s Committees, organizations and individuals to participate in the management of IT application investment funded by the state budget source in their localities;

c)                      Assisting the provincial People s Committee in monitoring and inspecting the

implementation of IT application programs and plans at localities, ensuring that the investment is concentrated, targeted and effective;

d)                     Assisting the provincial People s Committee to inspect the compliance with

the provisions of this Decree and the provisions of law related to investment in IT application funded by the state budget source in localities; dd) Verifying basic design as prescribed in Clause 2 Article 20 of this Decree;

e)                      Appraising the detailed design according to the provisions at Point c, Clause

2, Article 22 of this Decree;

g) Reporting to the provincial People s Committee on the implementation of IT application programs and plans, the compliance with the provisions of this Decree and provisions of law related to the IT application investment funded by the state budget source at localities.

2. District-level People s Committees shall be responsible for:

a)                      Guiding commune-level People s Committees, organizations and individuals to participate in the management of IT application investment funded by the state budget source within their management scope;

b)                     Inspecting the compliance with the provisions of this Decree and the provisions of law related to the management of IT application investment funded by the state budget source within their management scope;

c)                      Coordinating with the specialized IT entities directly under the provincial-

level People s Committee to inspect IT application investment activities funded by the state budget source when required.

Chapter V

CLAUSE OF ENFORCEMENT

Article 62. Implementation validity

1.    This Decree takes effect from January 1, 2020.

2.    This Decree replaces the Government s Decree No.102/2009/ND-CP of November 6, 2009, on the management of IT application investment funded by the state budget source and repeals the Decision No.80/2014/QD-TTg dated December 30, 2014 of the Prime Minister on pilot provision of IT service hiring in state agencies.

Article 63. Transitional provisions

1.                      IT application projects, which were approved before the effective date of this Decree and are being implemented, shall comply with regulations on management of IT service hiring, investment at the time of approving.

In case of necessity to comply with the provisions of this Decree, the competent person shall consider to make decision to ensure no work interruption.

2.                      IT application projects, which were approved before the effective date of this Decree but still not deployed for made, appraised but not approved before the date this Decree takes effect, the following steps shall be implemented as per the regulations in this Decree.

Article 64. The responsibilities for implementation

1.                      The Ministers, Heads of ministerial level agencies, heads of agencies directly under the Government, heads of other central agencies, Chairpersons of the People’s Committees of central provinces, cities shall be responsible for implementing this Decree.

2.                      In the course of implementing the contents of this Decree, if any difficulties or problems arise, agencies, organizations and individuals should promptly report them to the Ministry of Information and Communications for consideration or guidance or summarize for report to the competent authorities.

3.                      The Ministry of Information and Communications shall assume the prime responsibility and coordinate with the concerned ministries and central agencies in guiding and organizing the implementation of this Decree.

Appendix I

FORM OF STATEMENT ON PROJECT APPRAISAL, APPROVAL

(In attachment with the Decree No.73/2019/ND-CP dated

05 September 2019 of the Government)

STATEMENT SUBMISSION    SOCIALIST REPUBLIC OF VIETNAM AGENCYIndependence – Freedom – Happiness

No.: …..

…, date…..month…….year….

STATEMENT

Project appraisal, approval (name of the project) …

To: …………………………..

Pursuant to the Government s Decree No..../.../ND-CP dated ... month ... year on the management of IT application investment funded by the state budget source;

Other relevant legal grounds;

The investor hereby submits the project appraisal and approval statement ... (Project name) ... with the following main contents:

I. GENERAL INFORMATION OF THE PROJECT

1. Name of project:

2. Investor:

3. The entity that give consultancy on feasibility study report preparation:

4. Necessity of project investment:

5. Investment objectives:

6. Investment scale:

7. Investment location:

8. Basic design:

a)   Basic design solutions to be complied with:

b)   Basic design solution that allows the investor to make changes in the next

design step:

9. Total investment of the project:

Total:

Of which:

-  Construction expenses:

-  Equipment expenses:

-  Project management expenses:

-  Investment consultancy expenses:

-  Other expenses:

-  Contingency expenses:

10. Investment capital sources and expected capital allocation according to the schedule:

11. Forms of project management:

12. Time of project implementation:

13. Evaluation of project efficiency: 14. Evaluation of project feasibility:

15. Proposal to authorities competent to make decision on the project:

16. Other contents:

II. DOCUMENTS SUBMITTED FOR APPRAISAL

……..

Copied to:INVESTOR

^{- As above}(Signature, full name, position and seal)

^- Archives: Computer

Appendix II

FORM OF DECISION ON PROJECT APPROVAL

(In attachment with the Decree No.73/2019/ND-CP dated

05 September 2019 of the Government)

APPROVING AGENCY         SOCIALIST REPUBLIC OF VIETNAM

No.: …..Independence – Freedom – Happiness

…, date…..month…….year….

DECISION

On approving project (name of project)…

NAME OF APPROVING INDIVIDUAL, AGENCY

Pursuant to the functions, obligations and organizational structure of……;

Pursuant to the Government s Decree No..../.../ND-CP dated ... month ... year on the management of IT application investment funded by the state budget source;

Other relevant legal grounds;

After considering the proposal of …….. at the Statement No……….dated….month….year… and the appraisal result report of……… at the document No…………dated…..;

HEREBY DECIDES THAT:

Article 1. To approve the project (name of the project)… with the following main contents:

1. Name of project:

2. Investor:

3. The entity that give consultancy on feasibility study report preparation:

4 Investment objectives:

5 Investment scale:

6 Investment location:

7 Basic design:

a)   Basic design solutions to be complied with:

b)   Basic design solution that allows the investor to make changes in the next

design step:

8. Total investment of the project:

Total:

Of which:

-  Construction expenses:

-  Equipment expenses:

-  Project management expenses:

-  Investment consultancy expenses:

-  Other expenses:

-  Contingency expenses:

9.    Investment capital sources and expected capital allocation according to the schedule:

10.                       Forms of project management:

11.                       Time of project implementation:

12.                       Plans for selecting contractors (if any):

13.                       Other contents:

Article 2.Implementation organization

Article 3.The responsibilities of the relevant agencies that enforce the decision.

Copied to:APPROVED BY

^{- As in Article 3;}(Signature, full name, position and seal)

^- Relevant agencies

^- Archives: Computer

Appendix III

FORM OF STATEMENT ON APPRAISING AND APPROVING THE PLAN

FOR HIRINGITSERVICES

(In attachment with the Decree No.73/2019/ND-CP dated

05 September 2019 of the Government)

NAME OF ORGANIZATION    SOCIALIST REPUBLIC OF VIETNAM

STATEMENT

For appraising, approving the hiring plan for theITservices (Name of hiring activity) ….

To: ……

Pursuant to the Law on IT dated June 29, 2006

Pursuant to the Government s Decree No..../.../ND-CP dated ... month ... year on the management of IT application investment funded by the state budget source;

Other relevant legal grounds;

The hiring presiding entity hereby submits the hiring plans for IT hiring… (name of hiring activity)… for appraisal and approval with main contents as follows

I. GENERAL INFORMATION

1. Name of hiring activity:

2. Hiring presiding entity:

3. Organization that makes consultancy on hiring plan of IT services (if any):

4. Objectives:

5. Content and scale:

6. Location:

7. Estimates: Total:

Of which:

-  IT service hiring expenses:

-  Management expenses:

-  Consultancy expenses: - Other expenses:

-  Redundancy expenses:

8.    Capital sources:

9.    Implementation time (including time for constructing, developing, forming IT services and time for hiring IT services):

10.                       Other contents:

II. DOCUMENTS SUBMITTED FOR APPRAISAL, APPROVAL

…..

Copied to:

Appendix IV

FORM OF DECISION ON APPROVING PLAN FOR HIRINGITSERVICES

(In attachment with the Decree No.73/2019/ND-CP dated

05 September 2019 of the Government)

DECISION

Appraising, approving the hiring plan for the IT services

(Name of hiring activity) ….

NAME OF APPROVING INDIVIDUAL, AGENCY

Pursuant to the functions, obligations and organizational structure of…….;

Pursuant to the Government s Decree No..../.../ND-CP dated ... month ... year on the management of IT application investment funded by the state budget source;

Other relevant legal grounds;

After considering the proposal of ……………at the statement No………dated…..month….year….. and the report on appraisal results of………at document No………..dated……..

HEREBY DECIDES THAT:

Article 1.Approve the hiring plan for IT services… (name of hiring activity)… with the following main contents:

1. Name of hiring activity for IT services:

2. Hiring presiding entity of IT services:

3. Organization that makes consultancy on hiring plan of IT services (if any):

4. Objectives:

5. Content and scale:

6. Location:

7. Estimates: Total:

Of which:

-  IT service hiring expenses:

-  Management expenses:

-  Consultancy expenses: - Other expenses:

-  Redundancy expenses:

8.    Capital sources:

9.    Implementation time (including time for constructing, developing, forming IT services and time for hiring IT services):