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THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 169/2006/QD-TTg
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Hanoi, July 17, 2006
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DECISION
PROVIDING FOR INVESTMENT IN AND
PROCUREMENT OF INFORMATION TECHNOLOGY PRODUCTS BY AGENCIES AND ORGANIZATIONS
USING STATE BUDGET CAPITAL
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the
Government;
Pursuant to November 29, 2005
Law No. 48/2005/QH11 on Thrift Practice
and Waste Combat;
Pursuant to the Political Bureau's Directive No. 58/CT- TW of October 17, 2000, on stepping up information technology
(IT) application and development in service of industrialization and
modernization;
At the proposal of the Minister of Post and Telematics,
DECIDES:
Article 1.-
Scope and subjects of regulation
This Decision provides for the investment in and procurement
of IT products by agencies, organizations and units using state budget capital.
This Decision shall apply to all agencies, organizations,
units and state enterprises (hereinafter referred to as agencies and
organizations for short) that use state budget capital or capital originating
from the state budget for investment in or procurement of IT products.
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1. Agencies and organizations that use state budget capital,
capital originating from the state budget or preferential loans of state
investment and development credit (hereinafter referred to as state budget
capital for short) for investment in, procurement or execution of IT
application and development projects (hereinafter referred to as IT projects
for short) must prioritize the procurement and use of home-made IT products
(hereinafter referred to as IT products) defined in Article 3 of this Decision.
2. Where to be-purchased products are those which can be
made at home but only imported products can satisfy specific technical
requirements of projects, the project-managing agencies shall make dossiers
explaining in detail such requirements and send them to relevant professional
agencies for comment. Such dossiers must be appraised and approved by managing
ministerial-level agencies, ministerial-level agencies, government-attached
agencies or provincial/municipal People's Committees. The heads of these
agencies or presidents of People's Committees shall take personal
responsibility for their decisions to allow the procurement of the above-said
imported products.
3. Agencies and units, when formulating and executing IT
application projects, must ensure balance, rationality and coordination between
the software and hardware procurement; prioritize the procurement of, and
investment in developing, solutions, software products and digital information
contents to ensure efficient and economical investment in IT application.
4. To strictly observe the provisions of law on intellectual
property in the procurement and use of IT products, especially software
products and digital information contents.
5. To prioritize investment in, procurement and use of
open-source software products, especially products exploited and supplied by
domestic enterprises.
6. The Ministry of Post and Telematics shall assume the
prime responsibility for, and coordinate with the Ministry of Planning and
Investment and the Ministry of Finance in, expeditiously formulating
regulations and norms concerning investment in and procurement of IT products
to suit the charaCteristics of IT application and development projects in
Vietnam, especially software projects.
Article 3.-
Criteria for priority IT products
1. In this Decision, IT products include:
- Software products;
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- Computer hardware products;
- Special-use and civil electronic products;
- IT service products (IT consultancy, design, training,
technology transfer, warranty and maintenance as well as other relevant
services)
2. IT products to be prioritized for procurement under this
Decision should satisfy the following criteria:
al Meeting
at least one of the following requirements:
- Being researched, designed and produced wholly in the
Vietnamese territory;
- Being assembled, modified, upgraded or localized in the
Vietnamese territory, thus having a high added value or generating practical
socio-political benefits;
- IT services are provided by Vietnamese or foreign
organizations or enterprises which have investment licenses and operate in the
Vietnamese territory;
- Open-source software products are exploited and supplied
by Vietnamese organizations or enterprises or foreign enterprises which have
investment licenses and operate within the Vietnamese territory.
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3. The Ministry of Post and Telematics shall assume the
prime responsibility for, and coordinate with the Ministry of Planning and
Investment and concerned ministries and branches in, setting specific criteria
in accordance with the provisions of this Article; and at the same time, draw
up, issue and regularly update lists of priority IT products to serve as a
basis for the implementation of this Decision.
Article 4.-
Selection of contractors for performance of bid packages of IT projects
1. International bidding may be held for bid packages of IT
projects of budget-funded state agencies and units only in cases where domestic
IT enterprises cannot yet perform them or can perform them but at costs far
higher than those set by foreign contractors or where it is impossible to
select domestic contractors that satisfy the requirements of bidding dossiers.
Domestic IT agencies and enterprises may
enter into partnership or joint venture with one another to bid for IT
projects.
2. For IT projects put up for international bidding, foreign
contractors must enter into partnership with Vietnamese contractors and commit
to reserve for the Vietnamese contractors a work volume accounting for at least
30% of the value of the whole bid package. Priority shall be given to foreign
contractors that reserve for Vietnamese partners work of higher value.
3. In assessing bid packages of IT projects funded with
budget capital, priority shall be given to contractors that have plans on the
use of more local IT products. To encourage the procurement of IT products in
large quantities, limiting the procurement in minute quantities.
4. The Ministry of Planning and Investment shall assume the
prime responsibility for, and coordinate with the Ministry of Post and
Telematics in, detailing the implementation of the provisions of this Article.
Article 5.-
Financial mechanisms to promote IT application and development
1. IT application projects funded with state budget capital
shall, in the course of their execution, be considered and prioritized for
advance of investment capital, depending on the urgency of each project; the
capital advance shall comply with the provisions of the State Budget Law.
2. The Ministry of Post and Telematics shall coordinate with
the Ministry of Planning and Investment, the Ministry of Finance and concerned
ministries and branches in elaborating a regulation on investment and
construction management of IT projects; and at the same time, study the
reduction of the depreciation duration for IT products to suit the rapid
technological change of these products.
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Article 6.- Organization of
implementation
1. The Ministry of Post and Telematics shall assume the
prime responsibility for, and coordinate with the Ministry of Finance, the
Ministry of Planning and Investment and concerned ministries and branches in,
formulating and promulgating a circular detailing the implementation of this
Decision.
2. Ministries, ministerial-level agencies,
government-attached agencies and provincial! municipal People's Committees
shall, according to their competence, promulgate specific regulations on
prioritizing the procurement of home-made IT products under IT projects which
are funded with foreign loan, aid capital or capital of other sources.
3. Ministries, branches and localities shall, in the fourth
quarter every year, send reports on the implementation of this Decision to the
Ministry of Post and Telematics for sum-up and report to the Prime Minister.
Article 7.- Implementation
provisions
This Decision shall take effect 15 days after its publication
in "CONG BAO"
Ministers, heads of ministerial-level agencies, heads of
government-attached agencies, presidents of provincial/municipal People's
Committees, and subjects defined in Article 1 shall have to implement this
Decision.
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