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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 73/2019/ND-CP
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Hanoi, September
05, 2019
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DECREE
ON
MANAGEMENT OF STATE INVESTMENT IN INFORMATION TECHNOLOGY APPLICATION
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Information Technology
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;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree provides for
the management of information technology application (hereinafter referred to
as “IT application”) activities:
a) IT application projects funded by the state
budget for covering development investment expenditures;
b) IT application activities funded by the state
budget for current expenses.
2. For an IT application
project funded by various sources among which funding from the state budget
accounts for at least 30% or the highest proportion of the total investment,
the provisions of this Decree shall be complied with.
3. Regarding the IT
application activities in Clause 1 of this Article carried out by Vietnamese
diplomatic missions, the Government’s provisions shall be complied with on the
basis of the proposals and recommendations of such diplomatic missions and in a
manner that suits the characteristics of each project and law of the host
country.
4. Regarding PPP IT
application projects, regulations on investment made in the public-private
partnership form shall be complied with.
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Article 2. Regulated entities
1. This Decree is applicable
to regulatory bodies, organizations and individuals participating in or relating
to the management of state investment in IT application.
2. Organizations and
individuals relating to investment in IT application funded by other sources of
funding are encouraged to comply with the regulations of this Decree.
Article 3. Definitions
For the purposes of this Decree, the terms below
shall be construed as follows:
1. “economic-technical report
for IT application project” (hereinafter referred to as “economic-technical
report”) means an IT application project feasibility study report (hereinafter
referred to as “feasibility study report”) prepared in case a project is
carried out according to the 01-step design procedures.
2. “database” means a
collection of information/data organized for the purpose of access, use,
management and update via electronic means.
3. “information technology
service that is available on the market” (hereinafter referred to as “available
IT service”) means an information technology service provided upon demand
without waiting for design, processing or manufacture; with its price and
technical/technological features and functions publicized on the portal/website
of an organization/individual or via other means accessible to many
people.
4. “information technology
services that are unavailable on the market” means a service provided according
to specific requirements imposed by an organization/unit. The organization/unit
hires another organization/individual to establish, expand or upgrade an
infrastructure, software and/or database system to meet the specific requirements
imposed by the organization/unit. After such system or any item of such system
is completed, the organization/individual shall manage and operate it to
provide the service to the lessee or request the lessee to manage and operate
it itself within a specific period of time.
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6. “designer's
supervision" means inspection, explanation or settlement of difficulties,
changes and unanticipated problems to ensure the installation, setup and
adjustment of materials, information technology equipment and commercial
software, or build, development, upgradation and expansion of internal-use
software and databases in conformity with the detailed design, and protection
of the copyright on the detailed design according to regulations.
7. “project completion
dossier” means a compilation of documents related to the process of investment
in IT application that needs to be archived upon the official use of the
project’s product or work item.
8. “software testing” means
the testing of software’s ability to meet technical requirements or user
requirements via techniques and equipment.
9. “software expansion” means
modifying the software to enhance its available functions in order to satisfy a
number of additional user requirements or business requirements in a software
operating environment.
10. “software upgradation”
means modifying and enhancing the performance, safety and security of the
available software to optimize its ability to process user requirements and
minimize all risks in a software operating environment.
11. “software development” (or
“software build”) means processing and producing software to meet the
requirements of an organization/user or for commercial purposes. Software
development takes place in a production environment or development environment.
12. “open-source software”
means software provided together with its source code. The user is not required
to pay royalties for the source code but is required to comply with international
regulations on use of open-source software.
13. “internal-use software”
means the software built, developed, upgraded and expanded according to
specific requirements of an organization or a software user for the purpose of meeting
specific requirements imposed by such organization or software user.
14. “commercial software”
means available software with its price and description of
technical/technological features and functions publicized on the portal/website
of an organization/individual or via other means accessible to many people.
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16. “IT application cost
management” means management of the total investment, cost estimate, cost norms
and unit price of IT application.
17. “appraisal” means
inspection and evaluation by an investment decision maker, investment project
owner, information technology authority or any other competent authorities
during the preparation and execution of a project to provide the bases for
consideration and approval decision.
18. “inspection” means
specialized examination and evaluation by a competent and experienced
organization/individual during the investment preparation and investment to
provide the bases for the appraisal.
19. “basic design” means a compilation
of descriptions and preliminary design diagrams of infrastructure, software and
database systems and other contents that are required to show the design plan.
A basic design may contain one or more items of investment in IT application.
20. “detailed design” means a
compilation of descriptions, diagrams and descriptions of design contents and
other technical requirements.
21. “overall model for
information system” means a top-level model of an information system. This
model sufficiently presents the architecture and layers/components of an
information system such as users, operation, application, data and IT
infrastructure (including information safety) and their relationships and
external systems that interact, integrate, connect and share information with
such system.
22. “logical model for
information system” means a model showing the overall model at the detailed
level. The logical model shows the processing procedures of the system’s
components and of the system with other relevant systems to satisfy the
system’s technical requirements and produce the desired results.
23. “physical model for
information system” means a model showing the logical model at the detailed
level. This model presents the information system’s design based on the logical
model and chosen design procedures, including information on the solutions,
technical specifications, equipment and tools used (if any) that are
conformable with the applied standards and technical regulations.
Article 4. Implementation of
regulations on incentives for investment in and leasing and purchase of
domestically manufactured information technology products and services
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The Ministry of Information and Communications
shall promulgate the specific criteria for determination and announcement of
the list of domestically manufactured IT products and services whose
development, leasing and purchase are prioritized; list of shared open-source
products qualified for use in state agencies; list of enterprises whose
products meet the criteria for giving priority to investment, leasing and
purchase. For specialized-use software, the Ministry of Information and
Communications shall cooperate and reach an agreement with relevant Ministries
before promulgation of criteria.
Article 5. Compliance with
E-Government Architecture and assurance of data connectivity and sharing
1. Formulation, appraisal and
approval of investment guidelines, investment decisions, designs and execution
of IT application projects must comply with applicable Vietnam, ministerial or
provincial E-Government Architectures.
2. Projects for establishment
of national databases and databases of ministries and central and local bodies
stipulated in the Law on Information Technology must ensure data connectivity
and sharing according to regulations.
Chapter II
MANAGEMENT OF IT
APPLICATION PROJECTS
Section 1. GENERAL PROVISIONS
Article 6. Management of IT
application projects suitable for their characteristics and funding sources
1. IT application projects
funded by the state budget for covering development investment expenditures
shall be managed according to the Law on Public Investment and regulations on
cost and quality management prescribed in Section 2 herein.
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3. For a project with an
information technology product or service that is currently unavailable on the
market, if necessary, the investment project owner shall consider and request a
competent authority to choose an organization or individual to consider and
propose technical and technological solution or plan; develop and test the
product or service. Such organization or individual shall incur all costs (if
any). After successful testing and determination of technical and technological
plans and costs, investment project owners shall proceed with investment
procedures as prescribed by law.
4. For a project in another
field that contains IT application items, cost and quality management for such
IT application items shall comply with the regulations of this Decree.
Article 7. Project
classification
Based on its importance and size, a project may be
classified as a project of national importance, group A project, group B
project or group C project according to the criteria prescribed in the Law on
Public Investment.
Article 8. Investment project
owners
1. Investment project owners
are entities or organizations assigned to directly manage IT application
projects. To be specific:
a) Units managing and using products of projects or
units specializing in information technology that act as investment project
owners;
b) Ministries, central bodies and People's
Committees at all levels that concurrently act as investment project owners;
c) Project management boards established by
ministries, central bodies or People’s Committees at all levels that act as
investment project owners provided that such project management boards have a
legal status and are qualified for executing projects.
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Section 2. MANAGEMENT OF IT
APPLICATION PROJECTS
Subsection 1. INVESTMENT
PROCEDURES AND PREPARATION
Article 9. Procedures for
investment in IT application projects
1. Procedures for investment
in an IT application project comprise the following phases:
a) Investment preparation;
b) Investment realization;
c) Investment completion.
2. Tasks in the investment
realization and investment completion phases may be carried out in order or
alternatively depending on the specific conditions of each project and
confirmed by the investment decision maker.
3. It is encouraged to execute
mixed contracts for projects on build, development, upgradation and expansion
of internal-use software. Depending on each project’s characteristics and size,
the investment decision maker shall consider and decide on suitable contracts
and be answerable to the law for the project’s efficiency.
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4. Contractor selection and
contract negotiation and conclusion shall comply with the regulations of the
law on bidding and relevant legal documents.
Article 10. Design procedures
1. Depending on the size and
characteristics of each specific IT application project, the design procedures
may include 01 step or 02 steps. To be specific:
a) 01-step design means detailed design;
b) 02-step design includes basic design and
detailed design.
2. The 01-step design is
applied to the following IT application projects unless the investment decision
maker finds that it is necessary to use the 02-step design. To be specific:
a) Projects for procurement of backup or substitute
hardware devices of current technical infrastructure systems, or procurement of
non-installed equipment and commercial software;
b) Projects for investment in and expansion or
upgradation of infrastructure, software and database systems with the total
investment of under VND 15 billion;
c) Projects for investment in and expansion or upgradation
of infrastructure, software and database systems if it is considered qualified
for creating a detailed design and determining a cost estimate.
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3. The 02-step design shall be
applied to other IT application projects, excluding the projects prescribed in
Clause 2 herein.
If the 02-step design is applied, the detailed
design must be consistent with the approved basic design in terms of overall,
logical and physical models or components of information systems (if any).
Article 11. Investment
preparation
1. Investment preparation
shall focus on:
a) Formulation, appraisal and issuance of decisions
on project investment guidelines;
b) Survey;
c) Formulation, appraisal and issuance of decisions
on project investment.
2. The investment project
owner shall determine survey tasks, carry out surveys and prepare feasibility
study reports or economic-technical reports or hire an organization or
individual to perform such tasks. A consultancy or consultant may carry out a
survey and prepare a feasibility study report or economic-technical report
concurrently.
3. The investment preparation
phase ends when the project is approved by the investment decision maker.
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1. Procedures for and
competence in formulation, appraisal and issuance of decisions on project
investment guidelines shall comply with regulations on public investment.
Any unit assigned to prepare pre-feasibility study
reports and investment guidelines proposal reports shall directly prepare such
reports or hire an organization or individual to do so.
2. Contents of pre-feasibility
study reports and investment guidelines proposal reports are specified in the
Law on Public Investment. The preliminary total investment specified in
pre-feasibility study reports and investment guidelines proposal reports shall
be determined according to the comparison method, expert method or quotation or
combined methods or approved IT application plan.
3. For projects in other
fields that contain IT application items, contents of pre-feasibility study
reports and reports on proposal of guidelines on investment in IT application
items are specified in Clause 2 of this Article.
Article 13. Determination of
survey tasks and organization of survey
1. Survey tasks include:
a) Survey objectives;
b) Scope of survey;
c) Planned survey types;
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2. Survey tasks must be
approved by the investment project owner and suitable with the requirements of each
type of survey and serve as the basis to carry out surveys.
Article 14. Reports on survey
findings
1. A report on survey findings
shall contain
a) Name of the approved survey task;
b) Characteristics and size of investment;
c) Procedures, methods and equipment (if any) for
the survey;
d) Data and findings of field surveys. For
internal-use software, a description of user requirements is required;
dd) Analysis of data and evaluation of survey
findings;
e) Proposed technical – technological solutions (if
any) serving the creation of basic or detailed design (if an additional survey
is conducted or the project requires an economic-technical report);
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h) Relevant appendixes illustrating survey findings
(if any).
2. The report on survey
findings must undergo inspection and commissioning by the investment project
owner and serve as the basis for formulation of basic or detailed design (if
the project requires an economic-technical report).
3. Organizations and
individuals determining survey tasks and/or carrying out surveys must be
answerable to investment project owners and the law for quality of their tasks;
compensate for damage (if any) in case of failure to carry out approved survey
tasks and other violations leading to damage.
Article 15. Commissioning of
survey findings
1. Grounds for commissioning
of survey findings include:
a) Surveying contract (if an organization or
individual is hired to carry out the survey);
b) Approved survey tasks;
c) Reports on survey findings.
2. The commissioning shall
focus on:
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b) Inspection of forms and quantity of reports on
survey findings;
c) Commissioning of survey workload under the
concluded contract.
3. Commissioning results must
be made into a record.
Article 16. Preparation
of project feasibility study reports
1. The basic design
constitutes a part of the project feasibility study report.
2. Contents of a project
feasibility study report are specified in the Law on Public Investment. For an
IT application project, the following contents shall be specifically presented:
a) Evaluation of compliance with the Vietnam,
ministerial or provincial E-Government Architecture;
b) Analysis and selection of a technological,
technical or equipment plan, including the plan to ensure data connectivity and
sharing with the relevant infrastructure, software or database system; IPv6
readiness requirements or system upgrading solutions to ensure IPv6 readiness
if there is any content related to activities in the Internet environment;
c) Basic design of the chosen plan.
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1. A basic design must:
a) Comply with the approved IT application program
or plan and applicable Vietnam, ministerial or provincial E-Government
Architecture;
b) Comply with the applied technical regulations or
standards;
c) Include main specifications, functions and
features;
d) Ensure that the total investment is
determinable.
2. Main contents of a basic
design include:
a) Regarding description:
- Description of project
requirements;
- List of applied technical
regulations and standards;
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- Preliminary workload for
construction, equipment and technical requirements; preliminary workload for
training in use, management, operation and other relevant tasks;
- Description of technical
requirements of internal-use software as prescribed in Article 18 herein.
b) Regarding preliminary diagram:
- Documents on the state of
infrastructure and other conditions; preliminary diagram of construction and
installation (for network construction, installation of information technology
equipment and accessories);
- Preliminary diagram showing
the connection with relevant infrastructure, software and database systems.
c) Main contents of a basic design for items of or
a project for procurement of backup or substitute hardware devices of current
infrastructure systems, or procurement of non-installed equipment and
commercial software include:
- List of hardware devices,
commercial software and technical requirements of equipment;
- Data on weight of hardware
devices and commercial software.
Article 18. Description of
technical requirements to be satisfied by internal-use software
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1. Name of the software.
2. Basic specifications:
a) Business processes that need computerizing
(organization and operation of processes, products of business processes,
transactions of business processes);
b) Participants in business processes and their
connections (humans, resources, equipment for business processes and other
supporting factors);
c) List of user requirements.
3. Non-functional
requirements:
a) Requirements on database;
b) Requirements on information safety;
c) Requirements on processing time and processing
complexity levels of software;
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dd) System restrictions, including environmental
restrictions and dependence on foundation systems;
e) Requirements on IPv6 readiness (for operations
in the Internet environment);
g) Other non-functional requirements.
Article 19. Total investment
1. Total investment is the
total estimated amount of investment stated in the investment decision and
serves as the basis for investment project owners to formulate plans and manage
funds during investment in a project.
2. Total investment includes:
a) Construction costs:
- Costs of purchase and installation
of informational technology network and network accessories and other costs of
network installation;
- Other relevant direct costs
of construction.
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- Costs of purchase of
information technology equipment, including equipment requiring installation
and setup, equipment not requiring installation and setup, auxiliary devices
and peripheral equipment, commercial software, internal-use software and other
equipment; costs of equipment transportation and insurance; tax and fees related
to purchase of equipment;
- Costs of database
establishment; standardization and transfer for the purpose of data input;
input of data to databases;
- Costs of equipment
installation; software setup; inspection and adjustment of equipment and software;
- Costs of providing training
in system use; costs of providing training in system management and operation
for officials (if any);
- Costs of use, support,
management and operation of products or work items of a project prior to
commissioning (if any).
c) Project management costs, including costs of
organizing project management from preparation to completion, commissioning,
and putting project’s products to use, and costs of investment supervision and
evaluation;
d) Investment consultancy costs, including costs of
carrying out surveys and preparing pre-feasibility study reports, investment
guidelines proposal reports, feasibility study reports or economic-technical
reports; investigation and research for preparation of pre-feasibility study
reports, investment guidelines proposal reports, feasibility study reports or
economic-technical reports and selection of solutions; inspection of project
efficiency and feasibility; formulation and modification of detailed design;
calculation and adjustment of cost estimate; inspection of detailed design and
cost estimate; compilation of request for proposals, pre-qualification
documents, bidding documents; assessment of proposals, pre-qualification
applications and bid packages; establishment of norms and unit price;
inspection of material and equipment quality; evaluation of product quality;
conversion of investment; supervision of project execution and performance of
other consultancy tasks;
dd) Other costs, including fees and charges;
insurance (excluding equipment insurance costs prescribed in Point b of this
Clause); testing or trial operation; auditing; verification and approval of
investment statements; installation and leasing of connections; charges for
registration and maintenance of domain names; costs of leasing of IT services;
costs of price appraisal and other specific costs;
e) Cost contingency, including contingency for
price slippage during the process of project execution, contingency for
additional works and temporary amounts (if any).
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If there has been no norm for the costs prescribed
in Points a, b, c, d, dd and e of this Clause or such costs have not yet been
determinable, such costs shall be temporarily calculated to be added to the
total investment.
3. Total investment shall be
calculated and determined during the preparation of a feasibility study report
in a manner that conforms to the contents of the feasibility study report and
basic design.
If the project requires an economic-technical
report, its cost estimate shall be prepared instead of the total investment.
Such cost estimate shall be calculated according to the workload specified in
the detailed design and provisions of Article 28 herein.
4. Total investment shall be
determined according to one of the following methods:
a) Determination according to the basic design of
the feasibility study report: The construction costs shall be calculated
according to the basic weight specified in the basic design, other estimated
weights and prices of materials, equipment and services in conformity with the
market price; the equipment costs shall be calculated according to the quantity
and types of equipment suitable with IT application solutions, price of
equipment on the market and other relevant factors (if any); the costs of
build, development, upgradation and expansion of internal-use software shall be
calculated by applying the comparison method or expert method or cost
calculation methods or according to quotations or by combining various methods;
the costs of project management and investment consultancy and other costs
shall be determined by preparing cost estimate or provisionally calculated
according to its percentage (%) in the total construction costs and equipment
costs; and the cost contingency shall be determined as regulated in Clause 5 of
this Article;
For the IT application activity that involves using
a new technology, the costs constituting the total investment may be determined
according to quotations (if any).
b) Determination according to data obtained from
the executed projects with similar economic-technical criteria. For this
method, the data of the similar projects must be converted to those at the time
of preparation of the feasibility study report and the cost items not specified
in the total investment shall be adjusted suitably;
c) Combining the methods prescribed in Point a and
Point b of this Clause.
5. Cost contingency for
additional works shall be calculated according to the total amount of the costs
prescribed in Points a, b, c, d and dd of Clause 2 herein. Cost contingency for
price slippage shall be calculated according to the duration of project
execution with due account taken of domestic and international price
fluctuation.
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1. The Ministry of Information
and Communications shall appraise basic designs of group A projects, excluding
projects for procurement of backup or substitute hardware devices of current
infrastructure systems, or procurement of non-installed equipment and
commercial software.
If necessary, other ministries and central and
local bodies may consult the Ministry of Information and Communications on
basic designs of projects that are appraised by the units prescribed in Clause
2 and Clause 3 herein.
2. Units specializing in
information technology affiliated to provincial People's Committees shall
appraise basic designs of projects whose investment is decided by chairpersons
of People’s Committees at all levels, excluding projects whose basic designs
are appraised by the Ministry of Information and Communications.
3. Units specializing in
information technology affiliated to investment decision makers shall appraise
basic designs of projects, excluding those whose basic designs are appraised by
the Ministry of Information and Communications or within the appraisal
competence prescribed in Clause 2 herein.
4. In case a unit that
appraises a basic design is also an investment project owner, such unit shall
establish an appraisal council to appraise the basic design or the investment decision
maker shall assign another specialized unit to appraise the basic design.
5. The appraisal council or
body specializing in investment management shall appraise projects according to
regulations of the Law on Public Investment (hereinafter referred to as “the
unit in charge of organizing project appraisal”) and:
a) Submit the basic design dossier to the competent
units prescribed in Clauses 1, 2 and 3 herein to obtain comments on such basic
design (except cases where the investment project owner is also the unit that
appraises the basic design);
b) Obtain comments from relevant bodies and units
(if necessary).
6. The units that appraise
basic designs prescribed in Clauses 1, 2, 3 and 4 herein shall send the
appraisal comments to the units in charge of organizing project appraisal.
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1. Documents submitted by the
unit in charge of organizing project appraisal to obtain basic design appraisal
comments include:
a) A report on survey findings;
b) The basic design;
c) Other relevant legal documents and
documents.
01 set of documents shall be sent.
2. The basic design shall be
appraised within 20 days for group A projects; within 15 days for group B
projects and within 10 days for group C projects from the date of receipt of
the satisfactory documents.
3. The appraisal of a basic
design shall focus on:
- Conformity of components and
specifications of the basic design with legal regulations, including basic
design descriptions, basic design diagrams, survey documents and other
documents according to relevant regulations;
- Conformity of the basic
design with the IT application planning, program or plan;
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- Suitability of the selected
technological plan, technique and equipment;
- Conformity of the basic
design with standards, technical regulations and basic requirements on
technical functions and features;
- Suitability of the basic
design for data connection and sharing with relevant infrastructure, software
and database systems.
Article 22. Competence,
procedures and contents of appraisal of detailed designs of IT application
projects that require economic-technical reports
1. Main contents of an
economic-technical report include:
a) Evaluation of compliance with the Vietnam,
ministerial or provincial E-Government Architecture;
b) Analysis and selection of a technological,
technical or equipment plan, including analysis and selection of the plan to
ensure data connectivity and sharing with relevant infrastructure, software and
database systems; IPv6 readiness requirements or system upgrading solutions to
ensure IPv6 readiness if there is any content related to activities in the
Internet environment;
c) Detailed design dossier and cost estimate
according to Articles 27 and 28 herein;
d) Other contents of an economic-technical report
that are the same as those of a feasibility study report as prescribed in the
Law on Public Investment.
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a) The appraisal council or body specializing in
investment management shall appraise projects according to provisions of the
Law on Public Investment (hereinafter referred to as “units in charge of
organizing appraisal”), submit the detailed design dossier to the competent
units prescribed in Points a, b, c, d and dd herein to obtain comments on such
detailed design, and obtain comments from relevant bodies and units (if
necessary);
b) The Ministry of Information and Communications
shall appraise detailed designs of group A projects, excluding projects for
procurement of backup or substitute hardware devices of current technical
infrastructure systems, or procurement of non-installed equipment and
commercial software.
If necessary, other ministries and central and
local bodies may consult the Ministry of Information and Communications on
detailed designs of projects that are appraised by the units prescribed in
Points c and d herein;
c) Units specializing in information technology
affiliated to provincial People's Committees shall appraise detailed designs of
projects whose investment is decided by chairpersons of People’s Committees at
all levels, excluding projects whose detailed designs are appraised by the
Ministry of Information and Communications;
d) Units specializing in information technology
affiliated to investment decision makers shall appraise detailed designs of
projects, excluding projects whose detailed designs are appraised by the
Ministry of Information and Communications or within the appraisal competence
prescribed in Point c herein;
dd) In case a unit that appraises a detailed design
is also an investment project owner, such unit shall establish an appraisal
council to appraise the detailed design or the investment decision maker shall
assign another specialized unit to appraise the detailed design;
e) The units that appraise detailed designs
prescribed in Points b, c, d and dd herein shall send the appraisal comments to
the units in charge of organizing appraisal.
3. Contents of appraisal of
detailed designs and cost estimate shall comply with Clauses 1 and 2 of Article
29 herein.
Article 23. Project
modification
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Subsection 2. INVESTMENT
REALIZATION
Article 24. Tasks in
investment realization phase
Tasks in the investment realization phase include:
1. Conducting an additional
survey (if necessary).
2. Reaching an agreement on
use of national digital resources and frequencies (if an agreement on use of
digital resources and frequencies is required).
3. Preparing, appraising and
approving detailed design documents, except the case in which the project
requires an economic-technical report.
4. Selecting contractors and
executing contracts.
5. Carrying out inspection and
supervision of contract execution.
6. Managing project execution.
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8. Transferring products and
work items of the project.
9. Providing training in use,
support, management, operation and development.
10. Carrying out
commissioning.
11. Preparing documents about
completion and retaining project dossier as prescribed by law.
Article 25. Additional surveys
1. Every investment project
owner shall consider and decide additional surveys.
2. The tasks serving
additional surveys shall be established according to Clause 1 of Article 13
herein.
3. Contents of a report on
additional survey findings and contents of commissioning of additional survey
findings are specified in Article 14 and Clause 2 of Article 15 herein.
4. The report on additional
survey findings must undergo inspection and commissioning by the investment
project owner and serve as the basis for formulation or modification of the
detailed design or basic design of the feasibility study report.
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1. Every investment project
owner shall formulate the detailed design and cost estimate or hire an
organization or individual to do so.
2. Documents serving as bases
for creating a detailed design include:
a) Project approval decision and approved
feasibility study report, excluding projects that require an economic-technical
report;
b) List of applied information technology standards
and technical regulations;
c) Vietnam, ministerial or provincial E-Government
Architecture;
d) A report on survey findings;
dd) A report on additional survey findings (if any)
and other requirements (if necessary).
3. Every organization or
individual in charge of creating a detailed design must carry out designer's
supervision throughout the project’s product development and commissioning
processes at the request of the investment project owner.
Every organization or individual in charge of
creating a detailed design shall not use the name of another organization or
individual in charge of creating a detailed design in any form.
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5. Approved detailed design
dossiers must be retained according to regulations of the law on retention.
Article 27. Main contents of
detailed design dossiers
1. A detailed design shall include
a) For network construction and installation of
information technology equipment and accessories:
- Technical criteria applied
to installation, setup, inspection and adjustment of equipment;
- List of equipment to be
installed and set up and its technical specifications;
- Data on workload for
construction and installation of main and auxiliary investment items; workload
for training in use, management, operation and other relevant activities;
- Instructions on methods for
project execution (for cases of complex execution);
- Measures for safe operation
and fire and explosion prevention (if any);
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- Diagrams and detailed
descriptions of solutions for designs of network, connections, infrastructure,
information safety, power supply, lightning arresters, cooling systems and
calculation of connection bandwidth;
- Diagrams and descriptions of
IP address planning;
- Equipment installation
diagram, including location, distance and height of installation (if any); joining
locations; data on materials for equipment installation;
- Diagrams of network
construction, including wiring, installation of cable protector and surge
protector devices, materials and equipment used in network installation,
connection between network subsystems and connecting to outside systems by main
measurements and materials;
- Route plans, angles for
change of route direction, altitudes and coordinates of installation, main
crossings on route, security corridor for route by main measurements and
materials for route-based network installation (if any).
b) For items of or projects for procurement of
backup or substitute hardware devices of current infrastructure systems, or
procurement of non-installed equipment and commercial software:
- List of hardware devices,
commercial software and technical requirements of equipment;
- Report on weight of hardware
and commercial software.
c) For internal-use software:
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- Analysis and description of
software functions;
- Requirements on error count
for syntax errors and logical errors in data processing and errors in control
of accuracy of input data;
- IPv6 readiness requirements or
solutions for upgradation to ensure IPv6 readiness for operations in the
Internet environment; compatibility with IPv6 or solutions for upgradation to
ensure IPv6 readiness are encouraged for non-Internet connection cases;
- Aesthetic and technical requirements
for program interfaces;
- Requirements on capacity of
the officials participating in build, development, upgradation and expansion of
software;
- Other non-functional
requirements.
d) Detailed requirements on training in use,
support, management and operation of project’s products or work items prior to
commissioning (if any); requirements on warranty and maintenance.
2. The cost estimate
determined according to Article 28 herein.
Article 28. Cost estimate
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a) Cost estimate is a part of the detailed design
dossier; the approved cost estimate for specific investment items shall serve
as the basis for bid pricing for cases of direct appointment of contractor or
direct project execution and tasks carried out without any contract;
b) For mixed contracts, contract package estimate
shall be determined based on the price in the concluded contract;
c) If a typical design is employed, the cost
estimate shall be determined according to the cost estimate of the typical
design as prescribed in Clause 1 of Article 26 herein.
2. Contents of the cost
estimate include construction costs, equipment costs, project management costs,
investment consultancy costs, other costs and cost contingency.
a) Construction costs:
Construction costs shall be determined by making a
cost estimate according to the norm and quota establishment methods provided
for by the Ministry of Information and Communications and relevant regulations.
b) Equipment costs shall be determined according to
quantity and types of equipment to be purchased and market price of such
equipment. Costs of build, development, upgradation and expansion of
internal-use software shall be determined according to the comparison method,
expert method, cost calculation methods or quotations or by combining various
methods. Costs of equipment installation and setup, database establishment,
training in use, management and operation; costs of equipment transport and
insurance; costs of use, support, management and operation of project’s
products or work items prior to commissioning (if any) and other relevant costs
(if any) shall be determined by preparing a cost estimate;
c) Project management costs and investment
consultancy costs shall be determined in percentage or by preparing cost
estimate;
d) Other costs include the costs not provided for in
Points a, b and c herein and shall be determined by preparing a cost estimate
or in percentage;
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3. Methods for cost estimate
preparation, cost calculation and quota and unit price establishment of each
period of time and methods for cost management shall be carried out according
to announcements and guidelines of the Ministry of Information and
Communications.
4. The Ministry of Information
and Communications shall publicize the unit labor cost in cost management for
investment in IT application.
5. Contents of the documents
supporting cost calculation and methods for cost calculation for internal-use
software and testing of internal-use software shall comply with guidelines of
the Ministry of Information and Communications.
Article 29. Organization of
appraisal and approval of detailed designs and cost estimate
1. The appraisal of a detailed
design shall focus on:
a) Conformity of components and specifications of
the detailed design with legal regulations, including main contents of the
detailed design, survey documents and other documents according to relevant
regulations;
b) Conformity of the detailed design with the basic
design in the approved feasibility study report and relevant regulations,
excluding projects that require an economic-technical report;
c) Compliance of the detailed design with the
applied standards and technical regulations;
dd) Compliance of the detailed design with the
Vietnam, ministerial or provincial E-Government Architecture;
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e) Suitability of measures for safe operation and
fire and explosion prevention (if any).
2. The appraisal of a cost
estimate shall focus on:
a) Conformity of the workload specified in the
detailed design with the estimated workload
b) Suitability of economic-technical norms,
expenditure limits and unit price; application of norms, unit price,
calculation methods and relevant policies, and cost items in the cost estimate
according to regulations.
3. The investment project
owner shall organize the appraisal the detailed design and cost estimate and
may hire a capable and experienced organization or individual to carry out such
appraisal, which serves as the basis for appraising the investment project
owner’s tasks, excluding projects that require an economic-technical reports.
4. Competence in approval of
detailed designs and cost estimate
a) Investment project owners shall approve detailed
designs and cost estimate for projects that employ the 02-step design
procedures;
b) The detailed design and cost estimate shall be
approved concurrently. The detailed design and cost estimate shall not be
appraised separately.
5. The approved detailed
design dossier shall be the basis for investment project owners to manage
project quality and schedule and methods for organization of project
execution.
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7. If a modification to a
project results in change to its detailed design and cost estimate, the
investment project owner must organize the appraisal and approval of the
changed contents as prescribed in this Article.
Article 30. Modification of
detailed designs
1. An approved detailed design
may be modified only in the following cases:
a) When a project is modified according to Article
23 herein and a request for design modification is submitted;
b) During project execution, unsuitable factors are
detected which, if left unchanged, may affect the investment quality of the
project, schedule, performance methods and investment efficiency of the
project.
2. If the modification of a
detailed design neither affects its technical/technological solutions,
investment size and objectives nor exceeds the approved total investment, the
investment project owner may directly modify such detailed design. For other
cases, investment project owners must seek the appraisal and approval of the
modified contents from investment decision makers.
3. For projects that require
an economic-technical report, if the modification of detailed designs neither
affects their investment size and objectives nor exceeds the total investment
approved by investment decision makers, investment project owners may directly
modify such detailed designs. For other cases, investment project owners must
seek the appraisal and approval of the modified contents from investment
decision makers.
4. Depending on the
characteristics of each project, the investment project owner may hire an
organization or individual to modify the detailed design and/or basic design.
Article 31. Cases of cost
estimate modification
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2. If there is any change to
the cost estimate structure (including cost contingency) without exceeding the
approved total investment or cost estimate (for the project requires an
economic-technical report), the investment project owner shall directly
organize the modification of cost estimate of project’s investment items.
3. Depending on the
characteristics of each project, the investment project owner may hire an
organization or individual to prepare the modified cost estimate.
4. Contents of the modified
cost estimate decided by the investment project owner or investment decision
maker shall form a part of the detailed design dossier.
Article 32. Execution and
execution supervision
1. Investment project owners
shall directly carry out construction and installation of infrastructure
systems, software installation and modification of materials and equipment or
hire organizations/individuals to perform such tasks.
2. Project contractors shall
be responsible for establishment of quality management systems suitable with
the investment size at the request of investment project owners; and keeping a
project diary.
3. The processes of
construction and installation of infrastructure systems, software installation
and adjustment of materials and equipment of projects must be supervised.
4. Investment project owners shall directly
supervise project execution or hire organizations/individuals to perform such
task.
5. Contents of project
execution, supervision of project execution and project commissioning shall be
carried out according to regulations of the Ministry of Information and
Communications.
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1. Before executing a project,
a schedule must be drawn up. Such schedule must be consistent with the approved
total schedule of the project.
2. For a large-scale project
that is executed for more than 01 year, its schedule must be drawn up for each
phase, quarter and year.
4. In case certain phases of
the schedule are extended, investment project owners, project supervising units
(if any) and relevant parties shall be responsible for monitoring, supervising
and modifying project schedule without affecting the total schedule.
5. It’s encouraged to speed up
the project schedule provided that the investment quality is ensured.
Article 34. Testing or trial
operation
1. Any product of an IT
application project must be tested or undergo trial operation at at least one
beneficiary before undergoing commissioning.
2. Depending on specific conditions,
an investment project owner may:
a) Conduct a self-testing; or
b) Hire an independent organization or individual
qualified for carrying out product testing.
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The report shall be the basis for parties
participating in commissioning to carry out commissioning or for the investment
project owner to request the contractor to continue modifying and completing
the product.
4. After having been modified
and completed, the product shall undergo testing or trial operation by the
investment project owner. The testing or trial operation will be done if the
product satisfies quality requirements.
Article 35. Commissioning and
transfer of project’s products
1. Products or work items of
an IT application project shall only be transferred to investment projects
owner after undergoing commissioning. The investment project owner shall
organize commissioning and transfer of project’s products or work items with
the participation of consultancies/consultants, equipment providers,
organizations/individuals in charge of project execution and relevant bodies
and units (if any).
2. Depending on the
characteristics of each project, the contractor may transfer each completed
product or work item, constituent project or fully completed project to the
investment project owner for official use.
The contractor must also transfer the following
documents: completion dossiers, manuals, documents concerning management,
operation and maintenance (if any) for completed products or work items;
technical documents serving connection according to regulations (for projects
involving data connection and sharing between ministries and central and local
bodies). These documents must be specified in contracts and constitute a part
of the completion dossier.
3. The investment project
owner must submit a report on product or work item completion and list of
product or work item’s completion dossiers to the competent units prescribed in
Point b of this Clause to carry out supervision and inspection of the product
or work item of the completed project and compliance with this Decree when
necessary.
a) Time limit: within 10 days (for the project whose
basic design is not appraised by the Ministry of Information and
Communications) or within 20 days (for the project whose basic design is
appraised by the Ministry of Information and Communications) starting from the
date on which the project’s product or work item undergoes commissioning, is
transferred and put to use, and the commissioning participants grant approval
and sign the commissioning record;
b) Competent units:
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- For projects whose
investment are decided by chairpersons of People’s Committees at all levels,
investment project owners shall submit the report to the unit specializing in
information technology affiliated to the provincial People's Committee,
excluding projects whose basic designs are appraised by the Ministry of
Information and Communications;
- For other projects,
investment project owners shall submit the report to the unit specializing in
information technology with competence in appraisal of basic designs according
to Clause 3 of Article 20 herein, excluding projects whose basic designs are
appraised by the Ministry of Information and Communications.
4. For build/development or
upgradation/expansion of internal-use software, contractors shall transfer:
a) Documents of each phase in the process of
software build/development or upgradation/expansion according to the contents
of concluded contracts;
b) The set of programs for software installation;
c) Program source code (if any);
d) Manuals, management and operation documents;
documents concerning user training and training in management and operation;
documents on maintenance procedures (if any); guidelines on technique and
standards and regulations (if any);
dd) Technical documents serving connection
according to regulations (for projects involving data connection and sharing
between ministries and central and local bodies).
5. Dossiers and documents
related to IT application projects must be retained by investment project
owners according to regulations of the law on retention.
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Article 36. Compilation and
retention of product or work item’s completion dossiers
1. The product or work item’s
completion dossier must be fully compiled by the investment project owner
before putting such product or work item to use.
2. The completion dossier
shall be compiled once for the whole project if the products/work items of the
project are put to use at the same time. In case products/work items of the
project are put to use at different times, each product/work item may have a
separate completion dossier.
3. The investment project
owner shall organize the compilation of the completion dossier. Each contractor
shall compile the completion dossier for the assigned product/work item;
quantity of completion dossiers shall be decided by the investment project
owner based on the agreement with the contractor and relevant parties.
4. Completion dossiers shall
be retained according to regulations of the law on retention.
Subsection 3. INVESTMENT
COMPLETION AND PUTTING PROJECT’S PRODUCTS TO USE
Article 37. Investment
completion and putting project’s products to use
Tasks of this phase include:
1. Warranty on project’s
products.
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Article 38. Warranty on
project’s products
1. Minimum warranty period for
a product of a project shall start from the date on which its commissioning and
transfer record is signed by the investment project owner or the date on which
a project’s work item is put to use. To be specific:
a) A 24-month warranty period is applied to the
product of a project of national importance or group A project;
b) A 12-month warranty period is applied to the
product of a group B or group C project.
2. Minimum warranty provision
is expressed as a percentage (%) of value of a project’s product. To be
specific:
a) For products under 24-month warranty, the
minimum warranty provision is 03%;
b) For products under 12-month warranty, the
minimum warranty provision is 05%.
The contractor shall provide letter of bank
guarantee of equivalent value to the investment project owner or other forms of
guarantee accepted by the investment project owner.
The contractor shall only return the letter of
guarantee upon the lapse of the warranty period and confirmation of completion
of warranty from the investment project owner.
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a) Investment project owners, regulatory bodies and
units managing and using project’s products shall:
- Inspect and detect errors
and damage and request contractors to repair, improve or replace. If a
contractor fails to provide warranty, the investment project owner, regulatory
bodies and units managing and using such product are entitled to hire another
contractor to do so. Funding for such hiring shall be covered by the product’s
warranty provision;
- Carry out inspection and
commissioning of repair, improvement or replacement by contractors;
- Confirm the completion of
warranty for project’s products.
b) Contractors shall:
- Organize repair, improvement
or replacement immediately after being requested by the investment project
owner and units managing and using project's products and incur all costs of
such repair, improvement or replacement;
- Refuse to provide warranty
if the damage is not caused by contractors; the investment project owner violate
state management regulations resulting in project removal by state agencies;
project’s products are used against procedures.
c) Contractors must compensate for any damage,
accident or error that they cause to project’s products even after the warranty
period and, depending on severity of the violation, may incur penalty as
prescribed by law.
Article 39. Handling of
property upon project completion
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Article 40. Maintenance of
project’s products
1. Project’s products must be
maintained.
2. Responsibilities of bodies
and units managing and using project’s products for maintenance are as follows:
a) Organization of maintenance of project’s
products;
b) Determination of maintenance costs based on
quotations;
c) Being answerable to the law if product quality
deteriorates or there is any error due to lack of maintenance according to
regulations.
Article 41. Project payment
and statements
Project payment and statements shall comply with
legal regulations. Investment project owners or legal representatives of
investment project owners shall be answerable to the law for the accuracy and
legitimacy of quotations, workload and value to be paid for in payment
dossiers.
Subsection 4. MANAGEMENT OF IT
APPLICATION PROJECTS
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1. An investment decision
maker shall choose to:
a) Directly manage a project if all eligibility
requirements are satisfied;
b) Hire a consultancy to manage a project.
2. If an investment project
owner directly manages a project, a project management board shall be
established to act as the contact point for project management to assist the
investment project owner.
For the project whose total investment is under VND
15 billion, the investment project owner may employ its personnel to manage and
operate the projects or hire experienced and qualified persons to assist with
project management instead of establishing a project management board.
Article 43. Responsibilities
of investment project owners for project management
Responsibilities of investment project owners for
project management are as follows:
1. Investment project owners
shall be responsible for management of project execution, fulfillment of tasks
and exercise of powers from investment preparation, investment realization to
investment completion, commissioning, transfer and official use of project's
products, ensuring efficiency and feasibility of projects and compliance with
legal regulations, including the tasks assigned to project management boards or
hiring of project management consultancies.
2. Every investment project
owner shall submit reports on project supervision and evaluation and update
project information on information systems for supervision and evaluation of
investment in state investment programs and plans according to regulations.
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4. If an investment project
owner directly manages a project and establishes a project management board,
such owner shall:
a) Delegate tasks and powers to the project
management board in a manner that suits the investment project owner’s actual
conditions and project requirements; clearly assign responsibilities of the
investment project owner and the project management board; grant greater powers
to the project management board in a manner that ensures duties are coupled
with powers so as to minimize administrative procedures between the investment
project owner and the project management board.
The delegation of tasks and powers to the project
management board must be specified in decision on establishment of project
management board and documents on task and power delegation by investment
project owners.
b) May assign multiple projects to a project
management board if such board meets all eligibility requirements.
5. If a consultancy is hired,
the investment project owner shall:
a) Appoint at least one head of a body/unit in
charge of project execution management and assign tasks to specialized units
affiliated to the investment project owner’s apparatus to advise and assist such
head in fulfilling tasks and exercising powers of the investment project owner,
and inspecting and supervising the execution of the contract with the project
management consultancy so as to ensure that the project is executed according
to a plan and on schedule, thereby ensuring its quality and efficiency;
b) Select and conclude a contract with the project
management consultancy that is suitable for the tasks to be performed to assist
the investment project owner with project execution management.
6. Other responsibilities
according to regulations related to management of investment in IT application.
Article 44. Tasks and powers
of project management boards and project management consultancies
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a) The tasks assigned by the investment project
owner shall be fulfilled and the powers authorized by the investment project
owner shall be exercised. The project management board shall be answerable to
the investment project owner and the law for the assigned tasks and authorized
powers;
b) The project management board shall not establish
affiliated project management boards or affiliated service providers to manage
a project;
c) When a project management board is assigned to
manage multiple projects, each project must be separately managed, supervised,
recorded and promptly finalized after completion according to regulations;
d) If necessary, the project management board may
hire capable and experienced organizations/individuals to participate in
management and supervision of the tasks that the project management board is
not qualified to perform with the approval of the investment project owner;
dd) The project management board may contract
foreign experienced and capable consultants/consultancies to manage the tasks
that domestic consultancies are not yet qualified for or upon other special
request. Such contract must be approved by the investment decision maker;
e) Project management tasks specified in Article 45
herein shall be performed;
g) Other responsibilities according to regulations
related to management of investment in IT application.
2. If an investment project
owner hires a project management consultancy (hereinafter referred to as
“consultancy”), such consultancy shall have the following duties and powers:
a) The consultancy shall manage the project under
the contract with the investment project owner. The project management
consultancy contract must specify the scope of work and management contents;
powers and responsibilities of the consultancy and the investment project
owner;
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c) The consultancy may hire capable and experienced
organizations and individuals to carry out a number of project management tasks
with the approval of the investment project owner in a manner that complies
with the duties and powers specified in the contract with the investment
project owner;
d) Project management tasks shall be carried out
according to the regulations in Article 45 of this Decree and the commitments
in the contract; the consultancy shall compensate for any damage that it causes
while managing the project; and hold other responsibilities according to
regulations related to management of investment in IT application;
dd) Other responsibilities according to regulations
related to management of investment in IT application.
Article 45. Contents of
project management
Management of an IT application project shall focus
on:
1. Carrying out procedures and
tasks serving project execution.
2. Organizing the compilation
and preparation of a detailed design dossier.
3. Organizing the compilation
of request for proposals and bidding documents; and selecting contractors.
4. Negotiating and concluding
contracts with contractors at the request of the investment project owner.
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6. Supervising project
execution according to regulations and other consultancy tasks.
7. Organizing commissioning
and transfer of project’s products; finalization, statement and fulfillment of
concluded contracts at the request of the investment project owner.
8. Preparing a statement
report upon completion and official use of the project.
9. Carrying out other tasks
according to regulations related to management of investment in IT application.
Subsection 3. MANAGEMENT OF
LEASING PROJECTS
Article 46. Preparation
of pre-feasibility study reports and investment guidelines proposal reports of
leasing projects
1. The investment project
owner shall prepare the pre-feasibility study report and investment guidelines
proposal report of a leasing project or hire an organization or individuals to
prepare such reports.
2. Contents of a
pre-feasibility study report and investment guidelines proposal report of a
leasing project are specified in the Law on Public Investment. To be specific:
a) Necessity of leasing of the IT service;
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c) Preliminary determination of requirements on
quality of the IT service; preliminary technical and technological requirements
to satisfy service quality requirements; requirements on connectivity with
other information systems and applications;
d) Determining that the leasing period is
sufficient to ensure stability, continuity and efficiency of use of the IT
service;
dd) Preliminary determination of the total
investment of the leasing project. The total investment of the leasing project
shall be preliminarily determined according to the comparison method, expert
method or quotations or a combination of various methods or the approved IT application
plan.
Article 47. Contents of
feasibility study reports of IT service leasing projects
1. The investment project
owner shall prepare the feasibility study report of a leasing project or hire
an organization or individual to prepare such reports. Contents of a
feasibility study report of a leasing project are specified in the Law on
Public Investment. To be specific:
a) State and necessity of leasing of the IT
service;
b) Main items to be leased; objectives, contents
and size, scope, location and user of the IT service;
c) Determination of requirements on quality of the
IT service; technical and technological requirements to satisfy service quality
requirements; requirements and conditions on connectivity with other
information systems and applications; description of requirements on
internal-use software; requirements on information and data safety and security
and other requirements;
d) Determination and clarification of ownership of
information and data acquired from use of the leased IT service and plan for
management and transfer of such information and data to the lessee;
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e) Requirements on unanticipated incidents during
use of the IT service;
g) Determination of the total investment of the
leasing project prescribed in Clause 2 herein.
2. The total investment of a
leasing project includes
a) Regarding the total investment structure
- Costs of leasing of the IT
service;
- Costs of project management,
including costs of organizing project management from preparation and
guidelines approval phases to completion of leasing of the IT service, and
costs of supervision and evaluation of investment in the project;
- Consultancy costs, including
costs of conducting surveys and preparation of the pre-feasibility study
report, guidelines proposal report and feasibility study report; project
appraisal; bidding consultancy; execution supervision (if any) and other
consultancy tasks;
- Other costs, including fees
and charges, insurance costs; costs of audit, appraisal and approval of
investment statements, price appraisal and testing or trial operation and other
specific costs;
- Cost contingency.
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- Costs of leasing of an IT
service of a leasing project shall be determined according to the comparison
method, expert method, quotation method, or cost calculation methods or a
combination of various methods.
- Project management costs,
consultancy costs and other costs shall be determined by preparing a cost
estimate or calculated in percentage.
Based on the characteristics of each leasing
project, the investment project owner shall choose a suitable method to
determine the leasing costs and be responsible for such choice.
c) The Ministry of Information and Communications
shall provide guidance on methods for calculation of the costs of leasing of IT
services.
Article 48. Ownership of
information and data acquired from leasing of IT services
Information and data acquired from IT service
leasing shall be under the ownership of the lessee. Service providers shall
ensure information security and safety and fully transfer the information and
data to the lessee upon completion of the contract for IT service
leasing.
Article 49. Contract for IT
service leasing and organization of testing or trial operation
1. Specific contents of the
contract for IT service leasing shall comply with guidelines of the Ministry of
Information and Communications.
2. IT services must undergo a
test or trial operation according to the regulations of Article 58 of this
Decree before official use.
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For IT services with similar characteristics and/or
features that many affiliates require, the lessee shall consider and report
leasing of shared IT services managed by ministries and central and local
bodies to competent authorities.
Leasing of common IT services shall comply with
this Decree and relevant provisions.
Chapter III
MANAGEMENT OF IT APPLICATION
ACTIVITIES FUNDED BY STATE BUDGET FOR CURRENT EXPENSES
Article 51. Management of
investment in IT application funded by state budget for current expenses
1. Investment in the following
IT application funded by state budget for current expenses shall comply with
regulations on goods procurement to maintain regular operation of bodies/units:
a) Procurement of backup or substitute hardware
devices of current technical infrastructure systems;
b) Procurement of non-installed equipment and
commercial software; maintenance and repair of infrastructure and software
systems; operation management, management hiring and technical assistance for
information systems and network security and information safety services;
c) Establishment and maintenance of database
systems; maintenance of portals/websites;
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dd) IT application activities funded by state budget
for current expenses for immediate remediation from or timely response to
natural disasters or fire, or fulfillment of incident response duties at the
request of the National Assembly, the Government, and the Prime Minister or
according to business requirements prescribed in legislative documents.
2. Investment in IT
application funded by state budget for current expenses from VND 200 million to
VND 15 billion for establishment, expansion or upgradation of infrastructure,
software and database systems shall comply with guidelines on establishment of
outline and detailed estimate of the Ministry of Information and
Communications.
3. Investment in IT
application funded by state budget for current expenses with over VND 15
billion for establishment, expansion or upgradation of infrastructure, software
and database systems shall comply with regulations on management of IT
application projects as follows:
a) Project classification; project investment
procedures; competence in design appraisal and approval; cost management and
quality management shall comply with the regulations in Chapter II
herein;
b) Investment guidelines; competence in investment
decision; and determination of the investment project owner shall comply with
provisions on the state budget;
c) The unit in charge of project appraisal shall be
the specialized unit affiliated to the investment decision maker.
Article 52. Management of IT
service leasing funded by state budget for current expenses
1. Leasing of available IT
services shall comply with regulations on purchase of property, goods and
services to maintain regular operation of regulatory bodies/units. Leasing
price (calculated according to unit price of each service in use or unit price
of each service’s product) shall be determined based on market price at the
time of service leasing.
If the person with competence in deciding service
leasing requires an IT service leasing plan, the plan shall be formulated as
prescribed in Articles 53, 54, 55, 56 and 57 herein.
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3. For an IT service that is
currently not available on the market, if necessary, the lessee shall consider
and request a competent authority to choose an organization or individual to
consider and propose a technical and technological solution and plan; and
develop and test the service. Such organization or individual shall incur all
costs (if any). After successful testing and determination of the technical and
technological solution and costs, the lessee shall proceed with the procedures
for IT service leasing as prescribed by law.
4. Procedures for cost estimate
preparation and funding allocation for leasing of the IT services prescribed in
clause 1 and clause 2 of this Article shall comply with regulations on the
state budget.
5. Selection of providers for
the IT services prescribed in clause 1 and clause 2 of this Article shall
comply with regulations of the law on bidding.
6. The ownership of
information and data acquired from IT service leasing is specified in Article
48 herein.
7. For IT services with
similar characteristics and/or features that many affiliates require, the
lessee shall consider and propose leasing of shared IT services managed by
ministries and central and local bodies to competent authorities.
Leasing of shared IT services shall be carried out
according to regulations of this Chapter and relevant provisions.
Article 53. Competence in
appraisal and approval of plans for leasing of commissioned services
1. The head of a body or unit
with competence in deciding purchase of property, goods and services to maintain
regular operation of such body or unit as prescribed by law shall approve the
plan for leasing of commissioned IT services (hereinafter referred to as
“leasing plan”) according to their competence in deciding purchase of property,
goods and services.
2. All leasing plans must be
appraised before being approved.
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b) The unit in charge of appraisal shall gather
comments on the leasing plan or request the approving authority to collect
comments from units specializing in information technology;
c) If necessary, the persons with competence in
approving the leasing plan shall request the unit that uses the budget to
fulfill the task of service leasing (hereinafter referred to as "the unit
in charge of service leasing") to select a capable and experienced
organization or individual to inspect partial or total contents prescribed in
Clause 3 of Article 56 herein.
Article 54. Formulation of
leasing plans
1. The unit in charge of
service leasing shall directly formulate a leasing plan according to the
contents prescribed in Clause 2 of this Article or hire an organization or
individual to do so.
2. A leasing plan shall
include:
a) State and necessity of service leasing;
b) Main items to be leased; objectives, contents
and size, scope, location and user of services;
c) Determination of requirements on quality of the
IT service; technical and technological requirements to satisfy service quality
requirements; requirements and conditions on connectivity with other
information systems and applications; description of requirements on
internal-use software; requirements on information and data safety and security
and other requirements;
d) Determination and clarification of ownership of
information and data acquired from provision of the IT service and plan for
management and transfer of such information and data to the lessee;
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e) Requirements on unanticipated incidents during
use of the IT service;
g) Cost estimate established according to Article
55 herein.
Article 55. Cost estimate of
leasing of commissioned services
1. The cost estimate shall
include:
a) Costs of service leasing;
b) Management costs, including necessary costs
according to regulations for the unit in charge of service leasing to organize
execution management;
c) Consultancy costs, including costs of surveys,
preparation of the leasing plan; appraisal of the leasing plan; bidding
consultancy; execution supervision (if any) and other consultancy tasks;
d) Other costs, including costs of audit; price
appraisal; testing or trial operation and other specific costs;
dd) Cost contingency.
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a) Costs of service leasing shall be determined
according to one of the following methods: Comparison method; expert method; quotation
method; cost calculation methods or a combination of various methods.
b) Management costs, consultancy costs and other
costs shall be determined by preparing cost estimate or calculated in
percentage.
Based on the characteristics of service leasing,
the unit in charge of service leasing shall choose a suitable method for
determination of leasing costs and be responsible for such choice.
c) The Ministry of Information and Communications
shall provide guidance on methods for calculation of service leasing costs.
Article 56. Appraisal and
approval of leasing plans
1. An application for
appraisal of a leasing plan includes:
a) An application for appraisal of the leasing
plan, which is made using the specimen in Appendix III enclosed with this
Decree;
b) The leasing plan;
c) Other relevant documents.
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a) Duration of appraisal of a leasing plan shall be
no later than 20 days starting from the date the unit in charge of appraisal
receives the satisfactory application, excluding the time for amendment and
completion of such application. The appraisal duration shall include the time
for the unit in charge of appraisal to obtain comments according to Point b of
Clause 2 of Article 53 and Clause 4 of this Article;
b) If amendment to or further explanation for the
contents of a leasing plan is required, within 03 working days starting from
the date of receipt of the application, the unit in charge of appraisal shall
request the unit in charge of service leasing to make such amendment or provide
such explanation.
3. Contents of appraisal of a
leasing plan include:
a) Suitability of contents of the leasing plan
prescribed in Article 54 herein;
b) Adequacy, reasonableness and conformity of
expenditures specified in cost estimate for service leasing with actual
requirements.
4. During the appraisal
process, depending on the complexity of each task and content of each
expenditure, the unit in charge of appraisal may gather comments on the leasing
plan, request an approving authority to gather comments, or organize a
consultancy conference to gather comments from relevant bodies and specialized
organizations and individuals.
5. Records of the appraisal
results shall serve as the basis for consideration and approval of leasing plans.
6. An application for approval
of a leasing plan submitted to a person with competence in approving the
leasing plan by the unit in charge of appraisal include:
a) An application for approval of the leasing plan;
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c) The leasing plan that has been completed based
on appraisal comments;
d) A record of results of leasing plan appraisal;
dd) Comments of relevant organizations and units
(if any);
e) Other relevant legal documents and documents.
7. Duration of leasing plan
approval shall be no longer than 10 days starting from the date a person with
competence in approving the leasing plan receives the satisfactory application.
Article 57. Modification of
leasing plans
1. An approved leasing plan
may be modified in the following cases:
a) There are unanticipated requirements on quality
and quantity of services to be leased or changes to leasing period leading to
increase or decrease of leasing costs;
b) There are new factors that improve the
efficiency of service leasing;
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d) When an IT application program or plan modified
by a competent authority directly affects the scope, contents, size and/or
objectives of the leasing plan.
2. Modifications to a leasing
plan shall not affect the plan’s objectives and size; shall not exceed the
approved cost estimate. The unit in charge of service leasing may directly
organize the appraisal and approval of such modifications.
If a modification to a leasing plan affects the
plan’s objectives and size or exceeds the approved cost estimate, the unit in
charge of service leasing must request the competent authority to consider and
issue a decision. Modified contents must be appraised before being approved.
Applications, procedures and duration for appraisal and approval of the
modified leasing plan are the same as those for the appraisal and approval of
the leasing plan.
3. Persons deciding to modify
a leasing plan shall be answerable to the law for their decisions.
Article 58. Organization of
testing and trial operation
1. A commissioned service must
undergo testing or trial operation before official use to ensure that it meets
the requirements of the leasing plan.
2. Depending on specific
conditions, the unit in charge of service leasing may:
a) Conduct a self-testing; or
b) Hire an independent organization or individual
qualified for carrying out testing.
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The report on testing or trial operation results
shall be the basis for parties participating in commissioning to carry out
commissioning and put the commissioned service to use or for the unit in charge
of service leasing to continue modifying and completing the service. The
leasing period of a commissioned service shall start from the time the service
undergoes commissioning and is put to use.
4. After having been modified
and completed, the commissioned service must undergo testing or trial operation
by the unit in charge of service leasing. The testing or trial operation will
be done if the service satisfies the requirements on service quality and
technical and technological requirements.
Chapter IV
RESPONSIBILITIES FOR
MANAGEMENT OF STATE INVESTMENT IN IT APPLICATION
Article 59. Responsibilities
of the Ministry of Information and Communications
1. Promulgating and providing
guidance on legislative documents within its competence in management of state
investment in IT application.
2. Supervising, inspecting and
promptly resolving difficulties and issues during leasing of IT services of
regulatory bodies and units; submitting compiled reports on matters outside of
state management competence of the Ministry of Information and Communications
to the Prime Minister.
3. Supervising and inspecting
programs of and plans for IT application, ensuring investment is made in a
concentrated and effective manner according to the defined targets.
4. Organizing scheduled and ad
hoc inspection of compliance with this Decree.
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6. Reviewing quota systems
under its management; amending and promptly promulgating legislative documents,
suiting scientific and technological realities and advancements, ensuring
thriftiness and preventing wastage.
7. Formulating and stipulating
use of management systems for Vietnam E-Government architecture.
8. Other responsibilities as
prescribed by relevant regulations on management of state investment in IT
application.
Article 60. Responsibilities
of other ministries and central and local bodies
Other ministries and central and local bodies shall
be responsible for:
1. Providing guidance on the
implementation of legislative documents on management of state investment in IT
application under their management.
2. Supervising and inspecting
IT application programs and plans under their management, ensuring investment
is made in a concentrated and effective manner according to the defined
targets.
3. Inspecting compliance with
this Decree of organizations and individuals participating in management of
state investment in IT application under their management.
4. Other responsibilities as
prescribed by relevant regulations on management of state investment in IT
application.
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1. Units specializing in
information technology affiliated to provincial People’s Committees shall be
responsible for
a) Proposing documents guiding the implementation
of legislative documents on management of local investment in IT application
funded by state budget to chairpersons of provincial People’s Committees for
promulgation;
b) Providing guidance to district-level People’s
Committees and organizations and individuals participating in management of
local investment in IT application funded by state budget;
c) Assisting provincial People’s Committees in
supervising and inspecting the implementation of local IT application programs
and plans, ensuring investment is made in a concentrated and effective manner
according to the defined targets;
d) Assisting provincial People’s Committees in
inspecting compliance with this Decree and legal regulations related to
management of local investment in IT application funded by state budget;
dd) Appraising basic designs according to Clause 2
of Article 20 herein;
e) Appraising detailed designs according to Point c
of Clause 2 of Article 22 herein;
g) Reporting the implementation of IT application
programs and plans, compliance with this Decree and legal regulations related
to management of local investment in IT application funded by state budget to
provincial People’s Committees.
2. District-level People’s
Committees shall be responsible for
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b) Inspecting compliance with this Decree and legal
regulations related to management of state investment in IT application under
their management;
c) Cooperating with units specializing in
information technology affiliated to provincial People’s Committees in
inspecting state investment in IT application upon request.
Chapter V
IMPLEMENTATION CLAUSE
Article 62. Effect
1. This Decree takes effect
from January 01, 2020.
2. This Decree supersedes the Government’s
Decree No. 102/2009/ND-CP dated November 06, 2009 on management of state
investment in information technology application and annuls the Prime
Minister's Decision No. 80/2014/QD-TTg dated December 30, 2014 providing for
the pilot leasing of information technology services in state agencies.
Article 63. Transitional
provisions
1. The on-going IT application
projects approved before the effective date of this Decree shall be carried out
according to applicable regulations on management of IT service investment and
leasing at the time of approval.
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2. For IT application projects
approved before the effective date of this Decree that have not yet been
executed or have been established and appraised but not yet approved before the
effective date of this Decree, the following steps shall be taken according to
this Decree.
Article 64. Responsibilities for
implementation
1. Ministers, heads of
ministerial agencies, heads of Governmental agencies, heads of other central
bodies, chairpersons of People’s Committees of provinces and central-affiliated
cities shall be responsible for the implementation of this Decree.
2. Difficulties that arise
during the implementation of this Decree should be promptly reported to the
Ministry of Information and Communications for consideration and instruction or
a compiled report shall be submitted to the competent authority.
3. The Ministry of Information
and Communications shall take charge and cooperate with relevant ministries and
central bodies in providing guidance and organizing the implementation of this
Decree./.
PP. THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc
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APPLICATION FOR APPRAISAL AND APPROVAL OF PROJECT
(Enclosed with the Government's Decree No. 73/2019/ND-CP dated September 05,
2019)
SUBMITTING BODY
-------
SOCIALIST REPUBLIC
OF VIETNAM Independence - Freedom – Happiness
---------------
No. ……
[Location and
date]
APPLICATION FOR
APPRAISAL AND APPROVAL OF [PROJECT NAME]
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Pursuant to the Law on Information Technology dated
June 29, 2006;
Pursuant to the Government’s Decree No. …/ND-CP
dated [date] on management of state investment in information technology
application;
Pursuant to other relevant legal grounds;
The investment project owner would like to apply
for appraisal and approval of [project name]. To be specific:
I. GENERAL INFORMATION ON PROJECT
1. Project name:
2. Investment project owner:
3. Consultancy preparing
feasibility study report:
4. Necessity of investment in
project:
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6. Investment size:
7. Investment location:
8. Basic design:
a) Required basic design plan:
b) Basic design plan that allows investment project
owner to make modifications in next design step:
9. Total investment:
Total:
In which:
- Construction costs:
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- Project management costs:
- Investment consultancy
costs:
- Other costs:
- Cost contingency:
10. Capital sources and
capital expected to be allocated according to schedule:
11. Project management method:
12. Project timeline:
13. Evaluation of project efficiency:
14. Evaluation of project
feasibility:
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16. Other contents:
II. APPLICATION FOR APPRAISAL
…..
.
INVESTMENT
PROJECT OWNER
(Signature, full name, position and stamp)
APPENDIX II
DECISION ON PROJECT APPROVAL
(Enclosed with the Government's Decree No. 73/2019/ND-CP dated September 05,
2019)
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
No. ……
[Location and
date]
DECISION ON
APPROVAL OF [PROJECT NAME]
NAME OF APPROVING
INDIVIDUAL/ORGANIZATION
Pursuant to functions, tasks and organizational
structure of …….;
Pursuant to the Government’s Decree No. …/…/ND-CP
dated [date] on management of state investment in information technology
application;
Pursuant to other relevant legal grounds;
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HEREBY DECIDES:
Article 1. The [project name] project is
approved. To be specific:
1. Project name:
2. Investment project owner:
3. Consultancy preparing
feasibility study report:
4. Investment objectives:
5. Investment size:
6. Investment location:
7. Basic design:
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b) Basic design plan that allows investment project
owner to make modifications in next design step:
8. Total investment:
Total:
In which:
- Construction costs:
- Equipment costs:
- Project management costs:
- Investment consultancy
costs:
- Other costs:
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9. Capital sources and capital
expected to be allocated according to schedule:
10. Project management method:
11. Project timeline:
12. Plan for contractor
selection (if any):
13. Other contents:
Article 2. Implementation.
Article 3. Responsibilities of relevant
bodies for decision implementation.
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APPENDIX III
APPLICATION FOR APPRAISAL AND APPROVAL OF PLAN FOR
LEASING OF INFORMATION TECHNOLOGY SERVICE
(Enclosed with the Government's Decree No. 73/2019/ND-CP dated September 05,
2019)
NAME OF
ORGANIZATION
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
No. ……
[Location and
date]
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To: ……..
Pursuant to the Law on Information Technology dated
June 29, 2006;
Pursuant to the Government’s Decree No. …/…/ND-CP
dated [date] on management of state investment in information technology
application;
Pursuant to other relevant legal grounds;
The person in charge of service leasing would like
to apply for appraisal and approval of the plan for leasing of [name of leased
service] with the following main contents:
I. GENERAL INFORMATION
1. Name of leased service:
2. Person in charge of service
leasing:
3. Consultancy in charge of
formulating leasing plan (if any):
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5. Contents and size:
6. Location:
7. Cost estimate:
Total:
In which:
- Costs of leasing of
information technology service:
- Management costs:
- Consultancy costs:
- Other costs:
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8. Capital sources:
9. Timeline (including schedule
for build, development and establishment of information technology service and
leasing period):
10. Other contents:
II. APPLICATION FOR APPRAISAL AND APPROVAL
……
REPRESENTATIVE
OF ORGANIZATION
(Signature, full name, position and stamp)
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DECISION ON APPROVAL OF PLAN FOR LEASING OF INFORMATION
TECHNOLOGY SERVICE (Enclosed with the Government's Decree No.
73/2019/ND-CP dated September 05, 2019)
APPROVING BODY
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
No. ……
[Location and
date]
DECISION ON
APPROVAL OF PLAN FOR LEASING OF [NAME OF LEASED INFORMATION TECHNOLOGY SERVICE]
NAME OF APPROVING
INDIVIDUAL/ORGANIZATION
Pursuant to functions, tasks and organizational
structure of …….;
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Pursuant to other relevant legal grounds;
Considering the request of … in the application No.
… dated [date] and appraisal report of ...... in the document No. … dated
[date],
HEREBY DECIDES:
Article 1. The plan for leasing of [name of
leased information technology service] is approved. To be specific:
1. Name of leasing of
information technology service:
2. Person in charge of leasing
of information technology service:
3. Consultancy in charge of
formulating leasing plan (if any):
4. Objectives:
5. Contents and size:
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7. Cost estimate:
Total:
In which:
- Costs of leasing of
information technology service:
- Management costs:
- Consultancy costs:
- Other costs:
- Cost contingency:
8. Capital sources:
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10. Plan for contractor
selection (if any):
11. Other contents:
Article 2. Implementation.
Article 3. Responsibilities of relevant
bodies for decision implementation.
APPROVING BODY
(Signature, full name, position and stamp)
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