Circular No. 02/2011/TT-BTTTT stipulates the content for handling incidents during the implementation of investment, warranty, and operation of information technology application projects funded by state budget.

CIRCULAR

Specifies the content for handling incidents during the implementation of investment, warranty, and operation

of information technology application projects funded by state budget

 ______________________________________

MINISTER OF INFORMATION AND COMMUNICATIONS

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

Pursuant to Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in state agency activities;

Pursuant to Decree No. 102/2009/NĐ-CP dated November 6, 2009 of the Government on Management of Investment in Information Technology Applications Using State Budget Funds;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

At the proposal of the Director of the Department of Information Technology Application,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the content for handling incidents and the responsibility for handling incidents during the implementation of investment, warranty, and operation of information technology application projects funded by state budget.

Article 2. Applicability

This Circular applies to investors, beneficiaries (owners or managers/users of project products) and related organizations and individuals during the implementation of investment, warranty, and operation of information technology application projects funded by state budget.

Article 3. Explanation of Terms

"Incident" refers to malfunctions or failures (hardware or software) that render the system unreliable, malfunctioning during operation, or operating abnormally.

Article 4. Causes of Incidents

1. System defects: the system does not meet technical standards, specifications, or production procedures.

2. Usage errors: users or individuals do not follow regulations or usage guidelines.

3. Force majeure cases (fires, natural disasters, wars, etc.).

4. Other causes not mentioned above.

Chapter II

CONTENT FOR HANDLING INCIDENTS

Article 5. Immediate Response When an Incident Occurs

During the implementation of investment, warranty, operation, and utilization of information technology application projects, if an incident occurs, contractors, investors, and beneficiaries of investment (owners or managers/users of project products) shall have the following responsibilities:

1. Cease construction, operation, or utilization of part or all of the information technology system.

2. Implement necessary technical measures to prevent further incidents from occurring and ensure safety for people and property.

3. Timely notify relevant organizations and individuals with authority.

4. Individuals or units at the installation, setup, use, operation, or exploitation site must prepare a quick report on the information technology system incident according to the model in Appendix I of this Circular and submit the quick report to the investor and beneficiary of investment (owner or manager/user of project products).

5. Protect the scene, except in urgent situations where immediate action is required to limit damage.

Article 6. Preparation of Incident Records

1. The incident record includes:

a) On-site inspection report of the incident according to the model in Appendix V of Government Decree No. 102/2009/NĐ-CP dated November 6, 2009, on management of investment in information technology applications using state budget funds (hereinafter referred to as Decree No. 102/2009/NĐ-CP);

b) Description of the incident's progression;

c) Results of investigation, assessment, determination of the degree and cause of the incident;

d) Documents related to design and construction concerning the incident.

2. Depending on the situation, investors and beneficiaries (owners or managers/users of project products) may conduct these tasks themselves (if they have the capability) or hire individuals or organizations with sufficient qualifications as prescribed in Chapter VI of Decree No. 102/2009/NĐ-CP to provide consulting services for investigation, assessment, determination of the cause of the incident, determination of losses caused by the incident, and clarification of the responsibility of organizations or individuals causing the incident to complete the incident record as stipulated in Clause 1 of this Article.

Article 7. Clearing the Accident Scene

After having complete accident files that meet the requirements for researching, analyzing, and determining the cause of the accident, the contractor, project sponsor, or investment beneficiary unit (owner or manager/user of the project product) shall proceed with the following steps:

1. Taking photographs, filming, collecting, and recording necessary information related to the accident.

2. Removing and clearing the accident scene.

3. Implementing necessary measures to prevent subsequent accidents.

Article 8. Handling Accidents

1. The project sponsor, investment beneficiary (owner or manager/user of the project product), and participating contractors have the responsibility to develop an accident handling plan including the following basic contents:

a) General information;

b) Content and measures for handling;

c) Resources for implementation;

d) Implementation schedule.

2. After determining the responsibility for handling the accident, the relevant parties must establish a record confirming the handling of the accident according to the model in Appendix II of this Circular.

3. Implement the handling of the accident as stated in Clause 1 of Article 8 of this Circular.

4. Acceptance of the accident handling work. The acceptance record of the accident resolution according to the model in Appendix III of this Circular.

Chapter III

RESPONSIBILITY FOR HANDLING ACCIDENTS

Article 9. Responsibility of the Project Sponsor or Investment Beneficiary

During the implementation of investment, warranty, operation, and utilization of projects applying information technology, if an accident occurs, the project sponsor or investment beneficiary (owner or manager/user of the project product) has the responsibility to:

1. Immediately implement the rapid response measures when an accident occurs as stipulated in Article 5 of this Circular.

2. Establish an accident file as prescribed in Article 6 of this Circular.

3. Develop an accident handling plan as stipulated in Clause 1 of Article 8 of this Circular.

4. Coordinate with participating contractors and other relevant parties to handle the accident.

5. Supervise and accept the accident handling work.

Article 10. Responsibility of Participating Contractors

During the implementation of investment, warranty, operation, and utilization of projects applying information technology, if an accident occurs, the contractor has the responsibility to:

1. Immediately implement the rapid response measures when an accident occurs as stipulated in Article 5 of this Circular.

2. Continue construction only after fully resolving the accident, with the agreement of the project sponsor or investment beneficiary.

3. Coordinate with the project sponsor or investment beneficiary to complete the accident file and accident handling plan.

4. Bear responsibility for resolving the accident caused by their own fault until the accident handling work is accepted.

Article 11. Implementation Costs

1. Rapid accident handling costs, accident file establishment costs, and accident scene clearance costs are temporarily deducted from the operational funds of administrative and public service agencies or from state budget capital allocated to the project sponsor for payment. After clarifying the responsibility of organizations and individuals causing the accident, the party at fault must reimburse all costs related to rapid handling, accident file establishment, and accident scene clearance.

2. Accident handling costs:

a) Accident handling costs due to causes specified in Clauses 1, 2, and 4 of Article 4 of this Circular are borne by the party at fault;

b) Accident handling costs due to causes specified in Clause 3 of Article 4 of this Circular are deducted from the operational funds of administrative and public service agencies or from state budget capital allocated to the project sponsor for payment.

Chapter IV

IMPLEMENTATION

Article 12. Effective Date

1. This Circular takes effect from February 25, 2011.

2. The Information Technology Application Department is responsible for promoting and guiding the implementation of this Circular.

3. In case of difficulties during implementation, relevant agencies, units, and individuals should promptly report to the Ministry of Information and Communications for consideration and resolution./.