Thông tư 16/2024/TT-BTTTT hướng dẫn triển khai dự án đầu tư ứng dụng công nghệ thông tin mới nhất

• Số hiệu: 16/2024/TT-BTTTT
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Thông tin và Truyền thông
• Người ký: Nguyễn Mạnh Hùng
• Ngày ban hành: 30/12/2024

MINISTRY OF INFORMATION AND COMMUNICATIONS OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ---------------
No: 16/2024/TT-BTTTT	Hanoi, December 30, 2024

CIRCULAR

ELABORATION OF EXECUTION, SUPERVISION OF EXECUTION, AND ACCEPTANCE OF INFORMATION TECHNOLOGY APPLICATION PROJECTS; DETERMINATION OF REQUIREMENTS ON SERVICE QUALITY AND SPECIFIC CONTENTS OF COMMISSIONED INFORMATION TECHNOLOGY SERVICE LEASE CONTRACTS

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

Pursuant to Decree No. 73/2019/ND-CP dated September 5, 2019 of the Government on management of state investment in information technology application;

Pursuant to Decree No. 82/2024/ND-CP dated July 10, 2024 of the Government on amendments to certain Articles of the Government’s Decree No. 73/2019/ND-CP dated September 05, 2019 on management of state investment in information technology application;

Pursuant to Decree No. 48/2022/ND-CP dated July 26, 2022 of the Government on the functions, tasks, powers and organizational structure of the Ministry of Information and Communications of Vietnam;

At the request of the Director of the National Digital Transformation Department,

The Minister of Information and Communications promulgates a Circular on elaboration of execution, supervision of execution, and acceptance of information technology application projects; determination of requirements on service quality and specific contents of commissioned IT service lease contracts.

...

...

...

GENERAL PROVISIONS

This Circular prescribes execution, supervision of execution, and acceptance of information technology application projects; determination of requirements on service quality and specific contents of commissioned IT service lease contracts as specified in the Government's Decree No. 73/2019/ND-CP dated September 05, 2019 on management of state investment in information technology application (hereinafter referred to as Decree No. 73/2019/ND-CP) (amended by the Government's Decree No. 82/2024/ND-CP dated July 10, 2024 on amendments to certain Articles of the Government’s Decree No. 73/2019/ND-CP dated September 05, 2019 on management of state investment in information technology application (hereinafter referred to as Decree No. 82/2024/ND-CP)), comprising:

1. Regulations on execution, supervision of execution, and acceptance of information technology application projects specified in Clause 5, Article 32 of Decree No. 73/2019/ND-CP (amended and supplemented in Clause 23, Article 1 of Decree No. 82/2024/ND-CP).

2. Determination of requirements on service quality of commissioned IT service lease contracts specified in Clause 3, Article 54 of Decree No. 73/2019/ND-CP (amended by Point b, Clause 32, Article 1 of Decree No. 82/2024/ND-CP).

3. Specific contents of commissioned IT service lease contracts specified in Clause 5, Article 52 of Decree No. 73/2019/ND-CP (amended by Clause 30, Article 1 of Decree No. 82/2024/ND-CP).

Article 2. Regulated entities

This Circular applies to entities specified in Article 2 of Decree No. 73/2019/ND-CP.

Chapter II

EXECUTION, SUPERVISION OF EXECUTION, AND ACCEPTANCE OF INFORMATION TECHNOLOGY APPLICATION PROJECTS

...

...

...

Article 3. Basic activities in execution and supervision of execution

1. Execute a project and keep a project diary.

2. Supervise project execution and keep a supervision diary.

3. Supervise designers of organizations or individuals providing detailed design.

Article 4. Execution

The executing contractor (including the main contractor in case of mixed packages) shall:

1. Prepare a detailed project schedule schedule before execution according to regulations on project progress management specified in Article 33 of Decree No. 73/2019/ND-CP.

2. Establish a quality management system suitable for the investment size (at the request of the investor), specifying the responsibilities of each department and individual during the execution.

3. Arrange personnel and equipment used during project execution according to the contract.

...

...

...

a) Transport and hand over information system, hardware, materials, equipment, commercial software, and popular software to the investor under the concluded contract; notify the investor of requirements for transportation, storage, and preservation.

b) Provide the investor with certificates, information and documents related to information system, hardware, materials, equipment, commercial software and popular software under the concluded contract and the approved detailed design;

c) Inspect the quality, quantity and types of information system, hardware, materials, equipment, commercial software and popular software before handing over them to the investor;

d) Repair or replace unqualified information system, hardware, materials, equipment, commercial software and popular software ;

dd) Build, install, configure, set up and conduct trial operation of information system, hardware, materials and equipment, install commercial software and popular software.

5. For the preparation, development, upgrading and expansion of internal software and database, the contractor shall:

a) Determinate requirements;

b) Analyze and prepare plans for building, developing, upgrading and expanding internal software;

c) Programme and write command codes;

...

...

...

dd) Install internal software and database;

6. Create a database; carry out standardization and conversion in service of data input and database creation; conduct data input; provide training in system use and training in system management and operation for officials; support, manage, operate and performs other tasks in accordance with the concluded contract and approved detailed design.

7. Handle and remedy errors and mistakes arising during execution (if any);

8. Report to the investor on the progress, quality and workload as agreed upon in the contract and at the investor's extraordinary request;

9. Coordinate with investors and relevant entities during execution supervision, testing or trial operation, acceptance and handover;

10. Request the investor to carry out acceptance.

11. Perform other tasks in accordance with the concluded contract.

Where the investor directly performs these takes, depending on the project scale, the quality requirements or actual conditions, the investor shall decide which tasks to perform in accordance with regulations to ensure the quality and efficiency of project execution management.

Article 5. Keeping a project diary

...

...

...

2. A project diary must be consistent with the detailed project schedule schedule specified in Clause 1, Article 4 hereof; be bound into book, numbered pages, and fan-stamped by the contractor. Its contents must be specified by the date for purchase, building, installation of information system, hardware, adjustment of materials or equipment and installation of commercial software, popular software or the timeline for the building, development, upgrading and expansion of internal software and database.

3. A project diary shall contain the following basic information:

a) List of in-charge officials (titles and tasks of each person) of the contractor and the designer's supervisor (if any);

b) Execution specified by the date for purchase, building, installation of information system, hardware, adjustment of materials or equipment and installation of commercial software, popular software or the timeline for the building, development, upgrading and expansion of internal software and database;

c) Descriptions of incidents, damages, violations, errors, other arising issues and remedial and handling measures during execution (if any);

d) Recommendations of the investor; recommendations of the contractor, the detailed design consultant (if any), the execution supervisor (if any);

dd) Opinions on handling issues arising during execution of the relevant parties (if any).

4. A project diary shall be made according to Form No. 1 and Form No. 1.1 of Appendix I hereof.

Article 6. Execution supervision

...

...

...

2. If a mixed contract package is applied:

a) The main contractor shall: organize the quality management and execution supervision for its tasks and tasks performed by subcontractors; inspect the performance of tasks performed by subcontractors; perform other responsibilities assigned by the investor under the provisions of the concluded contract. The main contractor shall directly or hire an eligible consultancy contractor as prescribed to supervise one, some or all of contents specified in this Article and the contract concluded by the main contractor and the investor. Where the main contractor directly execute and supervise execution, it must establish a execution supervision department other than the execution department;

b) The investor shall: inspect and urge the implementation of the quality management contents agreed upon in the concluded contract; inspect the execution supervision of the main contractor.

3. Inspection of eligibility for execution

a) Inspect the availability of premises for project execution and relevant technical factors;

b) Inspect the availability of a concluded contract

c) Inspect the availability of a detailed design dossier that has been approved;

d) Inspect the availability of project schedule prepared by the contractor;

dd) Inspect measures for safe operation and fire and explosion prevention (if any);

...

...

...

4. Inspection of comparability of the contractor's capacity with the concluded contract

a) Inspect arrangement of in-charge personnel of the contractor at the site to fulfill commitment to personnel under the concluded contract and ensure that these personnel correctly perform assigned tasks;

b) Inspect quality management system specified in Clause 2, Article 4 hereof (if any);

c) Inspect capital advance of the contractor for the performance of the concluded contract according to the contractor's commitment (if specified in the contract);

d) Inspect other capacity requirements as specified in the concluded contract;

dd) Make a record of inspection of comparability of the contractor's capacity with the concluded contract.

5. Inspection of comparability of materials, equipment, hardware and software before building and installation

a) Inspect quantity and appearance of materials, equipment and hardware; grounds for copyright (if any) of commercial software (legality, quantity); grounds for popularity of software;

b) Inspect Certificates of Origin (CO), Certificates of Quality (CQ) of manufacturers and documents related to materials, equipment and hardware stated in the contract before putting them into operation;

...

...

...

d) The execution supervisor shall cooperate with the investor in directly inspecting the materials. Where materials, equipment, hardware and software are not in accordance with the approved detailed design, the execution supervisor shall cooperate with the investor in requesting the contractor to remove them from the project area;

dd) Make a record of inspection of comparability of materials, equipment, hardware and software before building and installation;

6. Supervision during execution

a) Inspect and supervise the performance of tasks at the project location by the contractor. Inspection results must be specified in the execution supervision diary;

b) Inspect the protection of materials, equipment, hardware and software built and installed in the project location and area (if any). For any damage or breakdown affecting the project location and area, the execution supervisor shall report to the investor to request the contractor to make an on-site record in Form No. 3 of Appendix I hereof;

c) Cooperate with relevant parties in handling issues arising during execution (if any);

d) Request the investor to organize the adjustment to the detailed design if any error or irrationality in the detailed design is detected;

dd) Participate in the acceptance and handover of products or work items of the project.

7. Supervision of workload

...

...

...

b) Certify the workload completed by the contractor and compare it with the approved detailed design. A report on any change to workload specified in the contract and detailed design must be sent to the investor for consideration and application for approval of change. The approval result of new workload shall serve as the basis for acceptance of the workload, payment , and settlement.

8. Supervision of project schedule

a) Monitor and supervise detailed project progress;

b) Propose to the investor, the contractor and relevant parties to modify the detailed project schedule and total schedule where some stage of the schedule are extended;

c) Propose the investor to impose penalties for violations and request the contractor to grant recompense for damages caused by extending the project schedule to the investor as agreed upon in the concluded contract.

9. Supervision of changes during execution (if any).

During project execution, where any irrationality and new factor leads to mandatory changes to the detailed design to avoid affecting investment quality of the project, progress, performance methods, and investment efficiency of the project, the execution supervisor shall send a report to the investor and request the contractor to make an on-site record in Form No. 3 of Appendix I hereof.

10. Other execution supervision contents under the concluded supervision contract (if any).

11. Make a report on the execution supervision results.

...

...

...

Article 7. Keeping a supervision diary

1. A supervision diary shall be made by the execution supervisor and used to record work descriptions during supervision and information exchanged and certified between the investor, the execution supervisor and other relevant parties.

2. A supervision diary must be recorded by the supervision date in accordance with the project progress; and be bound into book, numbered pages, and fan-stamped by the execution supervisor.

3. A supervision diary shall contain the following basic information:

a) List of in-charge officials of the the execution supervisor (titles and tasks of each person) and the designer's supervisor (if any);

b) Execution supervision contents, developments and results of each content of the contractor;

c) Deviations during project execution compared to the concluded contract and detailed design dossier, clearly specifying causes and attached corrective measures (if any); proposals and recommendations (if any);

d) Records made during supervision that are an integral part of the supervision diary.

4. A supervision diary shall be made in Form No. 2 and Form No. 2.1 of Appendix I hereof.

...

...

...

1. Organizations or individuals providing the detail design shall conduct designer supervision.

2. Contents of designer supervision

a) Give explanations and clarify documents on detailed design at the request of the investor, the contractor or the execution supervisor;

b) Coordinate with the investor at its request to handle issues arising during project execution, modify design in accordance with the actual execution, remove irrationalities in the design; give opinions on designer supervision in project diary, supervision diary;

c) Coordinate with the execution supervisor to promptly notify the investor and propose handling measures where the contractor does not follow the approved design;

d) Participate in acceptance at the request of the investor. Where products and work items of the project are ineligible for acceptance, organizations or individuals providing the detail design shall promptly send an opinion written to the investor;

Section 2. ACCEPTANCE

Article 9. Basic acceptance process

1. Conduct testing or trial operation before acceptance of products and work items of the project.

...

...

...

The trial operation shall follow guidelines specified in Appendix No. 1 of Appendix II hereof. The trial operation results are made into a report by the contractor;

b) Depending on the required quality and actual conditions, the investor shall consider and decide to conduct testing or trial operation of internal software and take responsibility for its decision.

The trial operation of internal software shall follow guidelines specified in Appendix No. 2 of Appendix II hereof. The investor shall control the quality of internal software for non-functional requirements on the basis of an internal testing result report made by the contractor during trial operation. The trial operation results will be made into a report by the investor.

Testing contents and results shall follow guidelines specified in Appendix No. 3 of Appendix II hereof. The investor that directly conduct testing or a hired independent testing entity shall make a report on testing results.

2. Carry out acceptance of products and work items of the project as prescribed.

Article 10. Acceptance of completed products and work items

1. Requirements for products and work items eligible for acceptance

a) Products or work items of which workload, quality, schedule, contractual requirements and approved detailed design have been fully completed.

b) Products or work items that are quantified after undergoing testing or trial operation as prescribed in Article 34 of Decree No. 73/2019/ND-CP and Article 9 hereof.

...

...

...

The investor shall, based on dossiers and documents after acceptance, make a list of products or work items' completion dossiers for archival; and archive and store the project's dossiers and documents in accordance with the law on archival. The list shall be provided in Appendix III hereof.

Chapter III

DETERMINATION OF REQUIREMENTS ON SERVICE QUALITY AND SPECIFIC CONTENTS OF COMMISSIONED INFORMATION TECHNOLOGY SERVICE LEASE CONTRACTS

Section 1. DETERMINATION OF REQUIREMENTS ON SERVICE QUALITY

Article 11. Determination of requirements on service quality

1. The criteria for determination of requirements on service quality are specified as follows:

a) Professional functions;

b) Operational efficiency;

c) Cyber information security and data security;

...

...

...

dd) Satisfaction of service users;

e) Service management;

2. The criteria for determination of quality requirements of services specified in Clause 1 of this Article shall comply with guidelines specified in Appendix IV hereof.

3. The hirer shall, based on the separate requirements of the agency or unit, consider and select the application of some or all of the criteria specified in this Article and add and update other criteria for each service lease plan (if necessary). €

Section 2. SPECIFIC CONTENTS OF COMMISSIONED INFORMATION TECHNOLOGY SERVICE LEASE CONTRACTS

Article 12. Requirements on IT service provision scope

1. Technical requirements of services in IT service lease contracts shall be determined by each stage of contract performance and in accordance with service quality requirements specified in the approved service lease plan.

The control of service quality will be conduct by each stage of contract performance and serves as a basis for acceptance of service provision results as prescribed in Article 13 hereof.

2. Other requirements in an IT service lease contract

...

...

...

The hirer and service provider shall reach an agreement on the requirements, tasks and process of transfer of information and data created during service lease to the hirer, including the following main contents: After the end of the lease period, the service provider must transfer all information and data created during service lease to the hirer under the plan specified in the concluded service lease contract; methods, instruments, tasks, processes and roles and responsibilities of each party during transfer; plans for statistics production, classification, inspection and determination of the status of information and data created before transfer; plans for storing, backing up and restoring data before transfer; plans for checking the status of information and data created after transfer; plans for checking and verifying data after transfer; plans for removal of information and data related to the hirer on the systems of the service provider after transfer; commitments of the service provider after transfer; other requirements on transfer of information and data created during service provision; other relevant transfer requirements (if any);

b) Requirements on assurance of cyber information security and data security

The hirer and the service provider shall reach an agreement on requirements on assurance of cyber information security in accordance with the law on cyber information security, and the requirements on assurance of quality and data security in accordance with the provisions of the data law;

c/ The hirer and the service provider shall reach an agreement on copyright and intellectual property rights related to services and other requirements depending on the nature, characteristics, requirements and actual demands of provided services and laws on copyright and intellectual property;

Article 13. IT service quality control and acceptance of IT service provision results

1. IT service quality control during preparation for service provision

a) Services to be provided under a contract shall be subject to quality control. The contractor shall conduct IT service quality control during preparation for service provision via testing, trial operation, or other assessment methods (if any) in accordance with each specific criterion in the IT service lease contract.

IT service quality control results shall serve as a basis for acceptance and handover of services for use. Documents serving as a basis for acceptance include: Report on testing or trial operation results; Report on assessment results (if any); Other relevant records and documents;

b) The hirer and the service provider shall reach an agreement and sign a record of acceptance and handover of IT services using Form No. 1 of Appendix V hereof for official use.

...

...

...

a) Provided services shall be subject to quality control during the lease period. The hirer shall monitor and supervise the service provider's service provision and inspect and assess service quality during the lease period.

The inspection and assessment of service quality shall be conducted via survey, collection, analysis and feedback of service users, or periodic and irregular physical inspections of the service provision system and the service provider, or combined forms in order to assess service quality according to specific criteria.

The service provider shall provide services and send periodic or irregular reports on service provision results during the lease period to the hirer as agreed upon in the concluded contract;

b) IT service quality control results shall serve a basis for acceptance of service provision results.

3. Acceptance of service provision results

a) The hirer and the service provider shall reach an agreement and sign a record of acceptance of IT service provision results using Form No. 5 of Appendix V hereof for payment as agreed upon in the concluded contract;

b) Documents serving as a basis for acceptance include: The service provider's report on service provision results using Form No. 2 of Appendix V hereof; The contractor's report on IT service quality control results using Form No. 3 of Appendix V hereof; The record of handover of information and data created during service provision (if any) using Form No. 4 of Appendix V hereof; Other relevant records and documents.

Article 14. Duration and plan for performance of IT service lease contracts

1. An IT service lease contract is performed from its effective date to the date the parties fully fulfill their obligations as agreed upon in the concluded contract under the following stages:

...

...

...

b) Service lease period shall be from the time of acceptance and handover of services for use to the end of the service lease period;

c) The period for transfer and fulfillment of other obligations, including periods for transfer of information and data created during service provision and the service provider's fulfillment of other obligations and responsibilities as agreed in the service lease contract, shall be from the time of commencement of transfer.

2. Plan for performance of IT service lease contracts

The service provider shall prepare a plan for IT service lease contract performance for inspection and certification by the hirer. The plan contains at least the following contents:

a) The order and time for task performance in each main stage of the contract specified in Clause 1 of this Article;

b) Milestones of completion and handover of tasks and key products, the service provider's reports according to the contract schedule.

Article 15. Payment for IT service lease contracts

The hirer and the service provider shall reach an agreement on the number of payments, payment period, payment time, payment method, payment time limit, payment documents and payment conditions. The payment period and payment time shall be suitable to the method of determining service costs specified in the service lease plan approved or approved for modification (if any).

Chapter IV

...

...

...

Article 16. Entry into effect and transitional provisions

1. This Circular comes into force from February 14, 2025 and replaces the following Circulars:

a) Circular No. 23/2020/TT-BTTTT dated September 09, 2020 of the Minister of Information and Communications on particular contents of state-funded information technology service leases;

b) Circular No. 24/2020/TT-BTTTT dated September 09, 2020 of the Minister of Information and Communications on the implementation and supervision of implementation and testing of investment projects for information technology application funded by state budget.

2. The next steps of IT application projects or commissioned IT service lease plans approved before the effective date of Decree No. 82/2024/ND-CP shall comply with the regulations on execution, supervision of execution, and acceptance of information technology application projects; determination of requirements on service quality and specific contents of commissioned IT service lease contracts at the time of approval.

Article 17. Implementation organization

1. Agencies, organizations, and individuals engaged in or involved with the state-funded IT application shall be responsible for implementation of this Circular.

2. Agencies, organizations and individuals shall send a report on any issue arising during implementation to the Ministry of Information and Communications (via National Digital Transformation Agency) for consideration, guidance and settlement./.

...

...

...

MINISTER




Nguyen Manh Hung