Decision No. 07/2015/QD-TTg Issuing the Management and Implementation Regulation for the National E-commerce Development Program

Pursuant to …;

Issuing the Management and Implementation Regulation for the Program to Develop Support Industries

National Program for E-commerce Development

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 Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

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

Pursuant to Decree No. 52/2013/NĐ-CP dated May 16, 2013, of the Government on electronic commerce;

At the proposal of the Minister of Industry and Trade,

The Prime Minister decides to promulgate the Management and Implementation Regulations of the National Program for E-commerce Development.

Article 1. These Regulations are promulgated together with this Decision.

Article 2. This Decision takes effect from April 20, 2015.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central city, organizations, units, and individuals related shall be responsible for implementing this Decision./.

 

REGULATIONS

Management and Implementation of the National Program forE-commerce Development

(Promulgated together with Decision No. 07/2015/QĐ-TTg dated March 2, 2015 of the Prime Minister)

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. These Regulations stipulate the management and implementation of the National Program for E-commerce Development (hereinafter referred to as the Program).

Article 2. These Regulations apply to the leading units implementing projects under the Program (hereinafter referred to as Leading Units), the Program management agency, and beneficiaries of the Program.

Clause 1. Leading Units are central and local state management agencies for the development of support industries; organizations assigned tasks to implement projects under the Program.

Point 1. Leading Units are central state management agencies on e-commerce, local state management agencies on e-commerce, and the Vietnam E-commerce Association.

Point 2. Leading Units shall accept funds from the State budget for project implementation and are responsible for settling accounts according to Clause 3 and 4 of Article 7 of these Regulations.

Point 3. Leading Units shall accept development investment funds for project implementation and settle accounts according to the Law on Public Investment and current guiding documents.

Point 4. Leading Units may enter into contracts with organizations, businesses, and individuals to implement tasks within the scope of the project.

Article 3. Beneficiaries of the Program

Beneficiaries of the Program are enterprises of all economic sectors, agencies, organizations, and individuals engaged in or supporting the application of e-commerce.

Article 4. State Management Agency of the Program

Point 1. The Ministry of Industry and Trade is the agency entrusted by the Government to manage the Program and is responsible for performing the following tasks:

a) To take the lead and coordinate with ministries, sectors, and localities in disseminating guidelines for e-commerce development according to strategies, master plans, and approved development plans;

b) To annually publish a list of priority areas for focused e-commerce development under the Program;

c) To guide the drafting of proposals and review projects according to these Regulations;

d) To approve lists of proposals and projects to be included in the Program;

đ) To monitor and inspect the implementation of proposals under the Program;

e) To organize the acceptance of results from proposal implementations under the Program, evaluate their compliance with each proposal's objectives and the overall Program's objectives;

g) To manage State budget funds allocated for the implementation of the National Program for E-commerce Development;

h) To compile and report to the Prime Minister and relevant agencies on the Program's implementation status.

Point 2. The Minister of Industry and Trade shall decide to establish a Proposal and Project Review Board (hereinafter referred to as the Board) chaired by a leader of the Ministry of Industry and Trade, including representatives from the Ministry of Industry and Trade and related ministries and sectors. The Board's task is to review proposals and projects developed by Leading Units. The Board may invite and consider experts' opinions during the review process.

Point 3. The E-commerce and Information Technology Department assists the Minister of Industry and Trade in managing the Program, with responsibilities including guiding the drafting, receiving, and preliminary evaluation of proposals according to these Regulations; compiling and submitting them to the Board for review; organizing supervision and inspection of proposal implementations; organizing the acceptance of proposals; summarizing and reporting to the Minister of Industry and Trade; receiving and managing State funds allocated for the Program.

Article 5. Funding for the Program

1. The funding for the Program shall be formed from the following sources:

a) Annual state budget allocated according to the plan, including development investment capital and public service capital;

b) Contributions from organizations and enterprises participating in the Program;

c) Sponsorship from organizations and individuals both within and outside the country;

d) Other lawful funding sources as prescribed by law.

2. The state budget shall support the Program's funding according to the principle:

a) Regular expenditure funding for implementing the Program shall be assigned in the annual state budget estimate of the Ministry of Industry and Trade, supporting beneficiaries through the Lead Unit;

b) Development investment expenditure funding for implementing the Program shall be assigned in the annual development investment budget estimate of the project management agency.

Article 6. Criteria and Principles for Allocating Development Investment Capital from the State Budget for Projects under the Program

1. Construction and development projects of e-commerce infrastructure with scale and objectives ensuring connectivity and interoperability at regional and national levels across all sectors and fields shall be supported to use development investment capital from the state budget.

2. The ratio of development investment capital from the state budget for each specific project must be commensurate with the ability to balance public investment capital and the ability to mobilize other lawful capital sources.

3. Priority shall be given to allocating state counter-funding from development investment capital for national e-commerce infrastructure construction and development projects implemented under the Public-Private Partnership model.

4. Management and allocation of development investment capital for projects under the Program must comply with the provisions of the Public Investment Law and current guiding documents.

Article 7. Management of Funding from Public Service Capital for the Program

1. The Ministry of Industry and Trade shall develop plans and budgets for the Program on national e-commerce development and incorporate them into the annual budget estimates of the Ministry of Industry and Trade, submitting them to competent state agencies for approval in accordance with the law.

2. After receiving the budget estimate notification for the Program from the Ministry of Finance, the Minister of Industry and Trade shall approve the Program and the supported funding according to the principle that the total supported funding for implementing the Program's projects does not exceed the approved budget estimate.

3. Based on the Program approval decision by the Minister of Industry and Trade, the E-commerce and Information Technology Department (Ministry of Industry and Trade) shall sign contracts to implement Program projects with Lead Units and settle and finalize the supported funding according to signed contracts; directly implement Program projects led by the E-commerce and Information Technology Department (Ministry of Industry and Trade).

4. Within no more than 15 days from the completion of the project acceptance according to the contract, the project implementation unit must complete the final settlement documentation as prescribed.

5. The use of Program funding must comply with current legal regulations on standards, norms, and systems and within the scope of the approved project funding.

6. Funding carried over to the next year:

a) Funding from the state budget supporting the Program's ongoing content or already assigned and contracted with implementation units but not fully utilized shall be carried over to the next year;

b) Funding from the state budget supporting Program content not assigned or not contracted with implementation units must be remitted to the state budget as prescribed.

Chapter II

CONTENT OF THE PROGRAM AND LEVEL OF SUPPORT

Section 1

CONTENTS USING DEVELOPMENT INVESTMENT CAPITAL

Article 8. Construction and development of e-commerce infrastructure

1. The following contents regarding the construction and development of e-commerce infrastructure shall be supported using development investment capital from the state budget:

a) Building a national e-commerce payment system;

b) Developing integrated e-commerce payment card solutions;

c) Building an online management system for transportation activities for e-commerce;

d) Constructing business-to-business (B2B) e-commerce transaction infrastructure.

2. Activities that can use development investment capital from the state budget include:

a) Procurement of equipment;

b) Development of software and design of information technology and electronic transaction systems;

c) Consulting, training, and supporting businesses and organizations to participate in and use the constructed systems.

3. Level of support: Based on the objectives, characteristics, and scope of the project, and the ability to balance development investment funds over the medium-term five-year period and annually, the level of financial support from the Central Budget for each specific project will be determined.

Section 2

CONTENTS USING OPERATING FUNDS

Article 9. Propaganda, dissemination, and raising awareness about e-commerce

1. Activities related to propaganda, dissemination, and raising awareness about e-commerce include:

a) Building programs or special sections about e-commerce in newspapers, online newspapers, radio, and television;

b) Publishing publications about e-commerce;

c) Organizing social media communication or other forms of social communication about e-commerce;

d) Organizing domestic seminars and exhibitions on e-commerce;

đ) Building and promoting the e-commerce development index;

e) Building and organizing the implementation of national awards for e-commerce.

2. The maximum level of support is 100% for the contents specified in points b, c, đ, and e of Clause 1 of this Article; the maximum level of support is 70% for the contents specified in point a and d of Clause 1 of this Article.

Article 10. Training and developing human resources for e-commerce

1. Activities related to training and developing human resources for e-commerce include:

a) Organizing short-term training courses within the country for businesses on e-commerce according to regions and business sectors, with each training course having at least 100 participants;

b) Building learning materials to serve research, teaching, and learning about e-commerce;

c) Building and implementing e-commerce training programs that are suitable for practical needs and the target audience.

2. The maximum level of support is 100% for the contents specified in points b and c of Clause 1 of this Article when the beneficiary is a civil servant; the maximum level of support is 70% for the content specified in point a of Clause 1 of this Article and the contents specified in points b and c of Clause 1 when the beneficiary is not a civil servant.

Article 11. Developing e-commerce products and solutions

1. Developing products and solutions to support businesses and government agencies in implementing e-commerce applications:

a) Online sales solutions supporting small and medium-sized enterprises based on their business models or sectors;

b) E-commerce trading platforms with at least 300 businesses participating;

c) Solutions for applying e-commerce on mobile devices, each solution must meet the requirement of having at least 500 users simultaneously;

d) Solutions for developing digital content for e-commerce;

đ) Programs and solutions for building online brands for key goods and services of Vietnam;

e) A set of solutions to fulfill online orders for small and medium-sized enterprises to implement applications;

g) Security and information safety solutions for electronic transactions;

h) Online public service applications to support government agencies and businesses, each application must have at least 100 units using it;

i) Data exchange message standards in e-commerce;

k) Pilot models to support research and construction of e-commerce infrastructure systems and software applications operating on these systems;

l) Systems ensuring trust in online shopping activities and mechanisms for resolving online disputes.

2. Activities related to developing e-commerce products and solutions include:

a) Hiring domestic and foreign experts to advise on developing solutions;

b) Building software and designing systems to operate e-commerce solutions;

c) Consulting, training, and supporting businesses and organizations to participate in and use e-commerce products and solutions;

d) Maintaining, operating, and developing users in the first two years for the developed products and solutions.

3. The maximum level of support is 70% for the contents specified in Clause 1 and Clause 2 of this Article.

Article 12. Consulting on the development of e-commerce application plans

1. Activities related to consulting on the development of e-commerce application plans include:

a) Organizing surveys, statistics on the situation of e-commerce application by individuals, businesses, and organizations;

b) Market research related to e-commerce;

c) Researching and developing strategies and plans for e-commerce development according to locality and business sectors.

2. The maximum support rate of 100% shall be applied to the contents stipulated in Clause 1 of this Article.

Article 13. International Cooperation on E-commerce

1. Participating in international cooperation activities on e-commerce in the following forms:

a) International cooperation activities on e-commerce at international economic and trade organizations;

b) Bilateral or multilateral cooperation activities aimed at promoting cross-border e-commerce and paperless trade.

2. International cooperation activities on e-commerce include:

a) Organizing delegations to participate in meetings, seminars, events on e-commerce at international economic and trade organizations;

b) Organizing delegations to exchange and study to build bilateral cooperation mechanisms with countries and regions to promote cross-border e-commerce and paperless trade.

3. The maximum support rate of 100% shall be applied to state management agency officials; the maximum support rate of 50% shall be applied to enterprise and organization officials participating in the activities stipulated in Clauses 1 and 2 of this Article.

Article 14. Enhancing Management Capacity and Organizing Development Activities for E-commerce

1. Activities related to enhancing management capacity and organizing development activities for e-commerce include:

a) Organizing short-term training courses domestically for organizations and state management agencies on e-commerce;

b) Participating in short-term training courses abroad for organizations and state management agencies on e-commerce;

c) Publishing guidance materials and reference materials on state management experiences in e-commerce from developed countries.

2. The maximum support rate of 100% shall be applied to the contents stipulated in Clause 1 of this Article.

Article 15. Other Activities

Other activities under the National E-commerce Development Program and the level of support decided by the Prime Minister for each specific case.

Chapter III

BUILDING AND IMPLEMENTING THE PROGRAM

Section 1

ESTABLISHING AND IMPLEMENTING PROJECTS USING DEVELOPMENT INVESTMENT FUNDS

Article 16. Establishing and Implementing Projects Using Development Investment Funds Under the National E-commerce Development Program

1. Content of investment proposal and implementation of projects to construct and develop e-commerce infrastructure using development investment funds shall be carried out in accordance with current regulations on the use of public investment funds.

2. Project appraisal process:

a) The project leading unit sends the project to the Appraisal Council before March 31 of the year preceding the planning year. By May 31 of the same year, the Appraisal Council informs the project leading unit about the appraisal results.

b) The appraisal results of the Appraisal Council are mandatory content in the dossier submitted to the competent authority for approval of the project.

3. The proportion of state budget investment capital of the project must ensure the progress of implementation and be consistent with the ability to balance development investment capital from the state budget according to industry and sector in the medium-term plan and annual plan.

Section 2

BUILDING AND IMPLEMENTING PROPOSALS USING OPERATING FUNDS

Article 17. Drafting the project proposal

1. The main units drafting the project proposal shall include the following contents:

a) Explanation of experience and capacity of the main unit;

b) The necessity and suitability of the project;

c) Contents of activities;

d) Detailed budget estimate and level of support requested from the Program's funding sources, matching funding sources (if any);

đ) Implementation schedule;

e) Expected results and products;

g) Evaluation of the project's effectiveness and impact.

2. Projects must meet the following requirements:

a) In line with the needs for developing electronic commerce of enterprises and the community;

b) In line with the orientation for developing electronic commerce that has been approved by competent authorities;

c) Being consistent with the strategy and planning for the development of economic regions, sectors, and localities approved by the Government;

d) In line with the contents of the national electronic commerce development program for each stage approved by the Prime Minister;

đ) Ensuring feasibility in terms of: implementation methods; time and progress schedule; human resources, finance, and technical infrastructure;

e) For projects whose implementation spans over two fiscal years, the main unit must prepare the content and budget for each year.

Article 18. Receiving and evaluating the project proposal

1. The main unit sends the project proposal to the E-commerce and Information Technology Department (Ministry of Industry and Trade) before March 31 of the year preceding the planning year.

2. The E-commerce and Information Technology Department evaluates the contents of the project proposals based on the selection criteria and requirements, and compiles them to submit to the Appraisal Board.

Article 19. Appraising and Approving the Project Proposal

1. The Appraisal Board conducts an appraisal of the project proposals compiled by the E-commerce and Information Technology Department.

2. Based on the results of the Appraisal Board's appraisal, the E-commerce and Information Technology Department compiles and submits to the Minister of Industry and Trade for approval.

Article 20. Amending and Terminating the Implementation of the Project Proposal

1. In cases where there is a need to amend, change the content, or terminate the implementation of the approved project proposal, the main units must provide a written explanation of the reasons and proposed amendment plan to be submitted to the E-commerce and Information Technology Department for appraisal.

2. In cases where it is necessary to adjust the content of the project proposal to meet specific requirements and circumstances, based on the written request of the main unit, the E-commerce and Information Technology Department will submit to the Minister of Industry and Trade for consideration and decision.

3. In cases where the main unit fails to implement the objectives, content, and schedule of the approved project proposal, or if the content of the project proposal is deemed no longer appropriate, the E-commerce and Information Technology Department will submit to the Minister of Industry and Trade for consideration and decision to terminate the implementation of the project proposal.

4. In cases where the project proposal cannot be implemented or completed within the planned year, the main unit is responsible for reporting to the E-commerce and Information Technology Department to submit to the Minister of Industry and Trade for consideration and decision.

5. After making a decision to amend or terminate the implementation of the project proposal, the Ministry of Industry and Trade will reallocate any remaining funds (if any) to supplement the approved projects with increased budgets or new projects.

Chapter IV

IMPLEMENTATION

Article 21. Responsibilities of Ministries

1. Ministry of Industry and Trade

a) To take the lead in guiding and organizing the implementation of this Regulation;

b) To take the lead and coordinate with relevant agencies to supervise and inspect the implementation of the Program, ensuring that the Program is carried out in accordance with requirements, objectives, content, schedule, and legal provisions;

c) To be responsible for monitoring and compiling the implementation of the Program; report to the Prime Minister on issues outside the scope of this Regulation or beyond their authority;

d) To summarize the implementation of this Regulation; report to the Prime Minister for consideration and decision on amending and supplementing this Regulation when necessary.

2. Ministry of Finance:

a) To allocate annual funding to implement the Program's activities as stipulated by the State Budget Law;

b) To coordinate with the Ministry of Industry and Trade to guide, inspect, and supervise the implementation of the Program;

3. The Ministry of Planning and Investment:

a) To allocate investment capital for implementing projects under the Program's content.

b) To coordinate with the Ministry of Industry and Trade to guide, inspect, and supervise the implementation of the Program;

Article 22. Responsibilities of the Leading Unit

1. Organize the implementation of projects approved in accordance with the objectives, contents, progress, and budget stipulated in the signed contract; ensure the economical and effective use of funds and be responsible for expenditures in accordance with current financial regulations.

2. Submit annual reports on the implementation of the project to the E-commerce and Information Technology Department before December 1 of that year.

3. Provide complete and accurate documentation and information related to the implementation of the project and facilitate inspection and supervision as prescribed.

Article 23. Organization of Inspection and Implementation of the Program

1. The Ministry of Industry and Trade shall cooperate with the Ministry of Finance and the Ministry of Planning and Investment to conduct regular and spot inspections; assess the implementation of tasks and objectives of the projects to ensure that the management and use of program funds are carried out according to purpose, economically, and effectively.

2. The Ministry of Industry and Trade will not accept projects from the Leading Unit in the following year if it violates the obligations stipulated in Clause 1 and 2 of Article 22 of this Regulation.

3. The Ministry of Industry and Trade will not accept projects from the Leading Unit for the next three years if it violates the obligations stipulated in Clause 3 of Article 22 of this Regulation.

4. Organizations and individuals who violate this Regulation shall be subject to legal sanctions according to the severity of the violation as provided by current laws./.