Decree No. 102/2009/ND-CP on management of investment in application of information technology using state budget funds

DECREE

Regarding the management of investment in the application of information technology using state budget funds

THE GOVERNMENT

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

Pursuant to the State Budget Law dated December 16, 2002;

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

Considering the proposal of the Minister of Information and Communications,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Decree stipulates the management and implementation of investment in the application of information technology for:

a) Information technology application projects using state budget funds managed by Ministries, agencies at the level of ministries, government agencies, political organizations, political-social organizations, social organizations, social-professional organizations (as defined in the State Budget Law), provinces, centrally governed cities (hereinafter collectively referred to as province), districts, counties, towns, cities under provinces (hereinafter collectively referred to as district) and commune levels;

b) Information technology application projects using state budget funds supporting state-owned enterprises, funds managed by state economic groups, state corporations, independent state companies, and other fund management organizations (as defined in the State Budget Law);

c) Information technology application projects using a mixed source of funds where state budget funds account for 30% or more or are the largest portion of the total project investment;

d) The information technology application component using state budget funds in construction investment projects and non-construction investment projects shall be managed as an independent information technology application project according to this Decree;

đ) Information technology application projects using state budget funds classified as national secrets are not within the scope of regulation of this Decree;

e) Information technology application projects using state budget funds that require capital recovery, the Investor is responsible for recovering and repaying the investment capital;

g) Information technology application projects using official development assistance (ODA) funds, the Investor shall implement according to credit agreements, relevant international treaties to which Vietnam is a member, and current regulations on managing and using ODA funds;

h) Information technology application projects using state budget funds of Vietnamese representative offices abroad, the establishment of such projects shall be carried out in accordance with this Decree; the review of projects, investment decisions, and project management shall be implemented according to separate regulations of the Government based on proposals and recommendations of the relevant agencies;

i) For information technology application activities using state budget funds but not requiring the establishment of projects, the use of funds shall be carried out according to detailed plans and budgets approved by authorized persons;

The preparation of detailed plans and budgets shall be carried out in accordance with the regulations of the Ministry of Information and Communications and the Ministry of Finance;

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

This Decree applies to organizations and individuals related to investment activities in the application of information technology using state budget funds;

Organizations and individuals related to the management of investment in the application of information technology using other sources of funds are encouraged to apply the provisions of this Decree;

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. "Information technology application project" refers to a set of proposals related to the investment in establishing, expanding, or upgrading technical infrastructure systems, software, and databases to achieve improvements in speed, operational efficiency, and service quality during at least one cycle of information technology development;

2. "Commercial software" includes system software, application software, utility software, tool software, embedded software; developed completely, registered with trademarks, and mass-produced for market distribution;

3. "Internal software" is software developed, upgraded, or modified according to specific requirements of an organization or user to meet special needs of the organization and used internally within the organization;

4. "Open-source software" is software provided by the author with source code included, users do not need to pay copyright fees to obtain the source code;

5. "Software development" refers to the processing and production of software according to orders to meet internal usage requirements or for commercial purposes in the market;

6. "Software modification" refers to the modification and enhancement of existing software to optimize its ability to handle user requirements;

7. "Software upgrade" refers to the modification of software to enhance its functions and processing capabilities to meet additional user requirements;

8. "Incident" refers to failures or malfunctions (hardware and/or software) causing the system to become unreliable, malfunctioning, or operating abnormally;

9. "Authorized investment decision-maker" refers to the legal representative of an organization or state agency, or state economic group, state corporation, independent state company, as specified in Articles 5 and 6 of this Decree;

10. "Investor" refers to the person entrusted with managing and using state budget funds for investment in the application of information technology;

11. "Total investment amount" refers to the entire anticipated cost of investment recorded in the investment decision and serves as the basis for the Investor to plan and manage capital during the investment process;

12. "Total budget estimate" refers to the necessary total costs for investment (investment preparation costs, implementation costs, completion costs, and other project costs) without exceeding the approved total investment amount;

13. "Preliminary design" includes explanatory sections and layout diagrams of technical infrastructure systems, and other contents ensuring the representation of the design scheme. Preliminary design may include one or more information technology application items. Approved preliminary design in a project serves as the basis for preparing and reviewing construction designs;

14. "Construction design" refers to documents expressed through explanations, drawings, descriptions of design content, and other technical requirements to be met; implemented based on preliminary design and approved project content.

15. "Author supervision" is the work of checking, interpreting, or resolving issues, changes, and occurrences to ensure that the installation, setup, calibration, adjustment of information technology materials and equipment, commercial software, or the development, upgrading, and modification of internal software and databases are carried out according to the design and construction plan and to protect the copyright of individuals and organizations that prepare the design and construction plans.

16. "Construction supervision" is the continuous, systematic monitoring activity conducted by individuals or organizations responsible for construction supervision to manage the quantity, quality, and progress of installation, setup, calibration, adjustment of information technology materials and equipment, and commercial software, or the development, upgrading, and modification of internal software and databases implemented by the contractor according to the contract, approved design and construction plan, information technology technical standard catalog system, and requirements for information technology application solutions. The content of construction supervision activities shall be carried out in accordance with the guidelines of the Ministry of Information and Communications.

17. "As-built drawings" are drawings reflecting the results of construction and installation of technical infrastructure established by the winning bidder based on the approved design and construction plan and the results of product inspections at the construction site confirmed by the Project Owner.

18. "Leading surveyor" is the person directly organizing and implementing the survey tasks, survey schemes, reporting survey results, and bearing the highest responsibility for the outcomes of the survey tasks and schemes.

19. "Leading preliminary designer" is the person directly organizing and implementing the preliminary design tasks and bearing the highest responsibility for the content and quality of the preliminary design.

20. "Leading construction designer" is the person directly organizing and implementing the construction design tasks and preparing estimates and total estimates, and bearing the highest responsibility for the content and quality of the construction design and estimates.

21. "On-site construction supervisor" is the representative of the winning bidder who exercises the rights and obligations of the contractor at the construction site, directly supervising and being responsible for the construction and installation of technical infrastructure for information technology.

Article 3. Investment Procedures for Information Technology Applications

1. The investment procedures for information technology application projects include three stages:

a) Investment preparation;

b) Implementation of investment;

c) Completion of investment, putting into operation.

2. The works in the implementation and completion stages of investment may be carried out sequentially or concurrently depending on the specific conditions of each project, and determined by the authorized investor.

Article 4. Classification of Projects

1. Depending on the nature of the project and the scale of investment, information technology application projects funded from the state budget are classified into groups: national key projects, Group A, Group B, and Group C for management. The characteristics of each group are specified in Appendix I issued together with this Decree.

2. For national key projects and Group A projects which consist of multiple component or sub-projects, if each component or sub-project can operate independently, be exploited, or implemented according to phased investment as recorded in the investment policy decision document of the competent authority, then each component or sub-project will be immediately carried out from the investment preparation stage as an independent information technology application project.

Article 5. Authority to decide on investment in information technology application projects

1. The Prime Minister decides on investment in national-level information technology application projects that have been approved by the National Assembly and permitted for investment.

2. Ministers, Heads of ministerial-level agencies, agencies under the Government, financial management agencies of the Central Party Committee, central agencies of political-social organizations, political organizations, social organizations, social-professional organizations, State-owned corporations, State economic groups, independent state-owned companies (as defined in the State Budget Law), and Chairpersons of provincial People's Committees decide on investment in information technology application projects classified as Groups A, B, and C which are included in approved information technology application plans or have investment policy decisions.

In cases where Group A projects are not included in approved information technology application plans or do not have investment policy decisions, before project formulation, they must be reviewed and agreed upon by the Prime Minister regarding the investment policy. Such reviews shall be conducted according to the working regulations of the Government.

For Group B and C projects not included in approved information technology application plans, before project formulation, there must be an investment policy decision from the authority with the power to decide on investment.

3. For state-owned enterprises established by the Prime Minister (State-owned corporations, State economic groups), the Board of Directors of State-owned corporations and State economic groups may delegate the directors of their member units to decide on investment in Group C information technology application projects.

4. Depending on specific conditions of each ministry, sector, or locality, the authority with the power to decide on investment may delegate to the subjects specified in Clause 5 of this Article to decide on investment in Group B and C information technology application projects. The delegator shall bear legal responsibility for the delegation. The delegatee shall bear legal responsibility for their decision both to the law and to the delegator.

5. Subjects authorized to decide on investment:

a) At the Ministry level:

General Directors, Bureau Chiefs, Chairpersons of Boards of Directors of State-owned corporations, State economic groups, General Managers of state-owned enterprises directly under ministries, Heads of agencies and units directly under ministries;

b) At the provincial level:

Department Directors, Chairpersons of district, county, town, and city People's Committees under provinces (hereinafter referred to as district level), Chairpersons of Boards of Directors of State-owned corporations, General Managers of state-owned enterprises directly under provincial People's Committees, Heads of agencies directly under provincial People's Committees;

Chairpersons of district and commune People's Committees may decide on investment in projects within their local budgets (including additional funds from higher-level budgets) up to VND 50 billion (for district level) and VND 30 billion (for commune level) depending on the specific conditions of each locality as detailed by the provincial People's Committee based on the approved information technology application plan of the locality and the capacity of the delegated entities.

6. The content of the decision approving information technology application projects follows the model attached as Appendix IV to this Decree.

Article 6. Investors of Information Technology Application Projects

1. The investor of an Information Technology Application Project using state budget capital shall be determined by the competent authority before the project is established in accordance with the provisions of the State Budget Law.

a) For Information Technology Application Projects decided to invest by the Prime Minister, the Investor shall be one of the following agencies or organizations: Ministries, ministerial-level agencies, government agencies, political organizations, political-social organizations, social organizations, occupational associations (collectively referred to as ministry-level agencies), People's Committees of provinces and centrally-run cities (collectively referred to as provincial level).

b) For Information Technology Application Projects decided to invest by the Ministers, Heads of ministry-level agencies, or Chairpersons of People's Committees at all levels, the Investor Decision Maker shall assign the unit managing and using the project's products to be the Investor.

In cases where the unit managing and using the project's products does not have the necessary conditions regarding organization, human resources, time, and other essential conditions to perform the Investor's duties and rights, or if such a unit has not been identified, the competent authority deciding on investment shall select a unit that meets the required conditions to be the Investor.

2. For Information Technology Application Projects using mixed capital, the Investor shall be appointed by the contributing parties through agreement or shall be the representative of the party with the highest contribution ratio.

Article 7. Investment Consulting Organizations for Information Technology Application

1. An investment consulting organization for Information Technology Application is a professional organization belonging to various economic sectors, having legal personality, and registered for business (or established by decision for entities without business registration) in compliance with the law, providing investment consulting services for Information Technology Application projects as prescribed by law.

2. Contents of investment consulting activities for Information Technology Application:

a) Providing information on legal regulations, investment policies for Information Technology Application; surveying, establishing, and managing Information Technology Application projects; preliminary design, construction design; preparing tender documents; supervision; selecting contractors; consulting on Information Technology Application and performing other related Information Technology services;

b) Such investment consulting organizations may enter into contracts with other investment consulting organizations to undertake part of their consulting tasks if approved by the Investor.

3. Responsibilities of organizations engaged in investment consulting activities for Information Technology Application:

a) When conducting business, they must ensure the capacity conditions stipulated in this Decree and relevant legal documents;

b) They are liable under the law and to the Investor for the contents committed in the contract, particularly the economic-technical contents determined in their consulting products, and must compensate for any damage caused (if any);

c) In cases where foreign consulting services are required for Information Technology Application investments, domestic consultants are permitted to form joint ventures, partnerships, or hire foreign experts in Information Technology Application activities;

d) In consulting products, it is strictly prohibited to designate the use of materials or technical supplies, equipment from a specific manufacturer or supplier, and shall not specify brand or origin requirements of manufacturers;

In special cases where it is necessary to mention a brand, catalog of a specific manufacturer, or technical supplies, equipment from a specific country for reference or illustration of technical requirements, the phrase "or equivalent" must be added after the mentioned brand, catalog, or origin, and clearly define the concept of equivalent as having similar technical characteristics and comparable usage performance.

Article 8. Information Technology Technical Standards Catalogue System

1. The information technology technical standards catalogue system includes information technology technical standards and basic requirements regarding functions and technical features for information technology products.

2. The Ministry of Information and Communications periodically publishes the information technology technical standards catalogue as a basis for managing investment activities in the application of information technology using state budget funds.

Ministries responsible for sectors base on the information technology technical standards catalogue to develop and publish requirements that must be met for information technology application solutions in their respective fields of management.

3. In cases where Vietnam's information technology technical standards are not available or insufficient, foreign technical standards may be applied but must ensure compliance with the basic requirements regarding functions and technical features for information technology products published periodically by the Ministry of Information and Communications.

Article 9. Community Oversight in Investment in Information Technology Application

The investor of an information technology application project has the responsibility to publicly announce the purpose, content of activities, scale of the project; organizational structure of the Project Management Board (or consulting organization managing the project) to seek community oversight during implementation.

Article 10. Supervision and Evaluation of Investment in Information Technology Application

1. The supervision and evaluation of investment in information technology application is an activity of monitoring, inspecting, and determining the level of achievement compared to the requirements of the investment process conducted by competent state agencies to perform state management functions in information technology, ensuring effective investment consistent with the objectives and plans for information technology application in sectors and localities, and for each project.

2. Information technology application projects using state budget funds must undergo periodic supervision and evaluation of investment.

3. Supervision and evaluation of investment:

a) The Project Management Board (or consulting organization managing the project) is responsible for continuously monitoring, inspecting, and determining the level of achievement compared to the requirements of the investment process.

b) The project investor is responsible for directing, urging, and supporting the Project Management Board (or consulting organization managing the project) in monitoring, inspecting, and evaluating each project. In case of difficulties and obstacles that cannot be resolved independently, the investor must promptly request relevant authorities to resolve them.

c) The supervising agency is responsible for monitoring the implementation of programs and projects under its management authority; providing full and timely feedback on reports from the project investor; conducting analysis of program and project portfolios to determine the level of implementation.

d) The supervising agency is responsible for reviewing the results of investment evaluations conducted by project investors under its management authority. When necessary, the supervising agency will coordinate with related agencies to conduct unscheduled evaluations of projects.

đ) The Ministry of Information and Communications takes the lead, coordinating with the Ministry of Planning and Investment to implement supervision and evaluation of management capabilities for information technology application projects at supervising agencies and national-level supervision and evaluation of investment in information technology application projects.

e) The Ministry of Planning and Investment takes the lead, coordinating with the Ministry of Information and Communications to establish and compile periodic statistical indicators on investment in information technology application to reflect in the national economic and social statistics system.

4. Reports on Supervision and Evaluation of Investment:

a) During the implementation of the project, the Project Management Board (or consulting organization managing the project) must prepare and submit the following reports as prescribed below to the investor, who then sends them to the supervising agency and relevant agencies implementing supervision and evaluation of investment:

- Monthly report, no later than 10 days after the end of the month (only applicable to information technology application projects approved by the Prime Minister);

- Six-monthly report, no later than July 15 of the planning year;

- Annual report, no later than January 31 of the following year;

- Final report, no later than six months after the completion of the project;

b) The Ministry of Information and Communications leads, coordinating with the Ministry of Planning and Investment, the Ministry of Finance, and related agencies to guide reporting systems and templates for supervision and evaluation of investment in information technology application; monitor compliance with reporting systems at all levels and periodically report to the Prime Minister on the implementation of supervision and evaluation of investment in information technology application.

Chapter II

INVESTMENT PREPARATION

Article 11. Contents of Investment Preparation Work

The contents of investment preparation work include:

1. Studying the necessity for investment and the scale of investment.

2. Examining the availability of equipment supply sources, investment capital, and selecting the form of investment.

3. Conducting investigations and surveys to serve project establishment and site selection for investment.

4. Establishing information technology application projects.

5. Submitting project files and documents to the competent authority for investment decision-making and project appraisal agencies.

Article 12. Establishment of Survey Tasks and Organization of Survey Implementation

1. Survey tasks are approved by the Investor and must be consistent with the requirements of each type of survey work.

2. Survey tasks include the following contents:

b) Scope of the survey;

c) Survey methods;

c) Types of survey works expected;

d) Technical standards for expected surveys to be applied;

đ) Expected time for conducting surveys.

3. In cases where the conditions for capacity are not met, the Investor may hire organizations and individuals with sufficient capacity and experience to establish survey tasks and conduct surveys. Each survey task must have a person in charge of the survey. Survey costs are included in the total investment cost as consulting fees for investment.

Article 13. Contents of Survey Result Reports

1. The contents of survey result reports include:

a) Survey tasks;

b) Characteristics and scale of investment;

c) Location and current status of the surveyed area's land surface (for installation of equipment and related accessories);

d) Description of user requirements (for internal software);

đ) Applied technical standards for surveys;

e) Actual volume of survey work;

g) Procedures, methods, and equipment (if any) used for surveys;

h) Evaluation of the reliability of obtained survey results;

i) Proposals for technical-scientific solutions (if any) serving preliminary design or construction design (in case of supplementary surveys);

k) Conclusions and recommendations (if any);

l) Survey logs;

m) Relevant appendices to illustrate obtained survey results (if any).

2. Survey result reports during the investment preparation phase must be inspected and accepted by the Investor and serve as the basis for initiating preliminary design of the project.

3. Supplementary survey result reports during the implementation phase of investment must be inspected and accepted by the Investor and serve as the basis for initiating, changing, or supplementing construction design or preliminary design of the project.

4. Organizations and individuals establishing survey tasks, conducting surveys, and leading surveys must bear responsibility before the Investor and the law for the quality of the undertaken work; compensate for losses when failing to properly execute approved survey tasks and other violations causing damage.

Article 14. Supervision of Survey Work

1. Responsibilities for supervising survey work:

The Investor shall regularly and systematically supervise survey work from the start to the end of the survey. In cases where the conditions for capacity are not met, the Investor may hire consulting services to supervise survey work. Costs for supervising survey work are included in the total investment cost as consulting fees for investment.

2. Contents of Investor supervision of survey work include:

a) Checking the capacity conditions of organizations and individuals conducting surveys, leading surveys, and equipment machinery serving surveys (if any);

b) Monitoring and inspecting the survey site, survey volume, and execution according to approved survey tasks. Monitoring and inspection results must be recorded in the survey log established by the organization or individual conducting the survey;

c) Monitoring and requiring organizations and individuals conducting surveys, leading surveys to ensure:

- Environmental protection in accordance with current state regulations on noise and various types of waste;

- Protection of technical infrastructure and installed equipment in the survey area (if any). If damage occurs, the organization or individual conducting the survey, leading the survey must compensate for the loss;

- Ensuring the confidentiality of the information technology system (if any).

Article 15. Acceptance of Survey Results

1. The basis for accepting survey results includes:

a) The survey contracting agreement;

b) The approved survey tasks;

c) The applied survey technical standards;

d) The report on survey results.

2. The content of acceptance includes:

a) Evaluating the quality of the survey work against the approved survey tasks and the applied survey technical standards;

b) Checking the format and quantity of the report on survey results;

c) Accepting the volume of survey work according to the signed contract. In cases where the survey results comply with the contract but do not meet the investor's objectives, the investor must still pay for the accepted portion according to the contract.

3. The acceptance results must be recorded in a protocol according to the model prescribed in Appendix III issued together with this Decree.

Article 16. Preparation of Information Technology Application Projects

1. The investor is responsible for organizing the preparation of Feasibility Studies for Information Technology Application Projects, Feasibility Study Reports, or Investment Reports and bears responsibility for the contents required in the project dossier.

If necessary, the investor may hire organizations or individuals with sufficient capacity and experience to prepare the project. Project preparation costs are included in the total investment cost as consulting fees. In cases where the project is prepared in accordance with the contract but does not meet the investor's objectives, the investor must still pay for the accepted portion according to the contract.

2. Preliminary design is part of the information technology application project. Each preliminary design must have a person in charge of the preliminary design (in cases where the project preparation is carried out by an individual, that individual acts as the person in charge of the preliminary design).

3. For national key projects and Group A projects, the investor organizes the preparation of Feasibility Studies for Information Technology Application Projects.

4. For Group B and C projects, the investor organizes the preparation of Feasibility Study Reports. Group C projects with an investment capital of up to three billion dong only need to prepare Investment Reports.

The time limit for preparing Group B projects is a maximum of five months, and for Group C projects, it is a maximum of three months from the date the investor is determined.

For Group B and C information technology application projects, the authorized investment decision-maker must ensure that the investment capital is balanced to implement the project within two years for Group C projects and within four years for Group B projects.

5. Operating funds in the budget estimates of administrative and service agencies can only be used for upgrading and expanding existing information technology application capabilities (including investments in new information technology components within the existing systems of administrative and service agencies).

When using operating funds with a capital of three billion dong or more for upgrading and expanding existing information technology application capabilities, the investment procedures must be carried out in accordance with this Decree.

Article 17. Contents of Feasibility Studies for Information Technology Application Projects Decided by the Prime Minister for Investment

1. The necessity for investment, favorable and unfavorable conditions.

2. Determination of the investor and investment form.

3. Estimated scale of investment: technological and technical factors that must be met; estimated location of investment (including documentation on location selection).

4. Installation and setup scale of equipment.

5. Preliminary analysis and selection of technology and techniques; preliminary design of the selected option; conditions for supplying materials, equipment, services, technical infrastructure, fire prevention, safe operation, and security and defense assurance.

6. Preliminary determination of the total investment amount, type of funding source, implementation period of the project, economic and social benefits of the project, and phased investment (if applicable). Repayment plan for investment (for projects requiring capital recovery).

7. Determination of operational independence of investment components or sub-projects (if applicable).

8. Key timeframes for implementing investment.

9. Recommendations for project management forms.

For procurement projects without installation requirements, the contents of Feasibility Studies for Information Technology Application Projects shall only be implemented according to Clauses 1, 2, 5, 6, 8, and 9 of this Article.

Article 18. Procedures for Approval of Feasibility Projects Applying Information Technology Decided on Investment by the Prime Minister

1. The investor shall be responsible for submitting the feasibility project applying information technology to the Ministry of Information and Communications. The Ministry of Information and Communications is the lead agency assisting the Prime Minister in soliciting opinions from relevant ministries, sectors, and localities, compiling, and proposing opinions to the Prime Minister.

2. Time limit for soliciting opinions:

Within five working days from the date of receipt of the feasibility project applying information technology, the Ministry of Information and Communications shall send a document soliciting opinions from relevant ministries, sectors, and localities.

Within fifteen working days from the date of receipt of the request, the agency asked for opinions must provide a written response regarding the contents within their scope of management. Within seven days after receiving the above-mentioned responses, the Ministry of Information and Communications shall prepare a report to submit to the Prime Minister.

3. The report submitted to the Prime Minister shall include:

A summary of the content of the feasibility project applying information technology, a summary of the opinions of ministries and sectors, and recommendations on approving the project along with the written opinions of relevant ministries, sectors, and localities.

Article 19. Content of the Feasibility Study Report and Documents for Approval

1. Content of the Feasibility Study Report:

a) The necessity and investment objectives;

b) Selection of investment form and determination of the investor;

c) Estimated scale of investment: technical requirements for main and auxiliary investment items; estimated location of investment (including documentation on location selection);

d) Installation and setup scale of equipment;

đ) Analysis and selection of technical and technological options;

e) Preliminary design of the selected option;

g) Conditions for supply of materials, equipment, services, technical infrastructure, fire prevention, safe operation, and security and defense assurance;

h) Type of capital source, financial capacity, total investment amount, and capital needs according to progress. Capital repayment plan (for projects requiring capital recovery). Project management costs throughout the entire implementation process;

i) Investment effectiveness analysis;

k) Key timeframes for implementation;

l) Recommendations on project management forms;

m) Relationships and responsibilities of agencies related to the project.

For procurement projects of equipment that does not require installation, the content of the feasibility study report only implements points a, b, d, e, g, h, i, k, l of this Clause.

2. Documents for approval include:

a) Application for assessment and approval of the project according to the model attached as Appendix II to this Decree;

b) The feasibility study report as stipulated in Clause 1 of this Article;

c) Document of the lead agency conducting the assessment;

d) Opinions of relevant agencies (if any).

Article 20. Content of the Investment Report and Documents for Approval

1. Content of the Investment Report:

a) Legal basis and necessity of investment (legal bases, brief explanation of reasons for necessary investment);

b) Name of the project and investment form (must clearly indicate whether it is new establishment, upgrade, expansion, or maintenance);

c) Investor (name of the agency, unit, or individual acting as the investor);

d) Location of investment: estimated location of investment (including documentation on location selection);

đ) Estimated scale of investment: installation and setup scale of equipment and technical requirements for main and auxiliary investment items;

e) Preliminary design of the selected option;

g) Preliminary determination of the total investment amount;

h) Type of capital source; Project management costs throughout the entire implementation process;

i) Capital repayment plan (for projects requiring capital recovery);

k) Commencement and completion times;

l) Safe operation measures, fire prevention.

2. Documents for approval include:

a) Application for assessment and approval of the project according to the model attached as Appendix II to this Decree;

b) The investment report as stipulated in Clause 1 of this Article;

c) Document of the lead agency conducting the assessment;

d) Opinions of relevant agencies (if any).

Article 21. Content of Preliminary Design

1. Requirements for preliminary design:

a) Must comply with applicable standards and specifications;

b) Must reflect the main parameters of the technical infrastructure system;

c) Must ensure the determination of the total investment level.

2. The content of preliminary design includes:

a) Description section:

- Summary of the content requirements of the design task;

- List of applied technical standards and specifications;

- Requirements for the project's technical infrastructure;

- Technical and technological solutions, external connections;

- Initial quantities of construction works, materials, supplies, major equipment, commercial software; description of technical requirements that need to be met by internal software;

- Issues to note regarding technical and technological solutions;

b) Drawing part:

- Documents on the current status of technical infrastructure and other conditions;

- Installation drawings for the project's technical infrastructure and external connections.

Article 22. Description of Technical Requirements That Need to Be Met by Special Equipment, Particularly Internal Software

1. Requirement: Must ensure sufficient conditions to determine the value of internal software.

2. Description of technical requirements that need to be met by internal software:

a) Name of software;

b) Main parameters:

- Business processes that need to be computerized (organization, operation of the process, products of the business process, transaction processing of the business process);

- Participants involved in the business process and their relationships (people, resources, products, equipment for business process handling, other supporting factors);

- List of functional requirements needed by the software and non-functional requirements (constraints on the system: environmental constraints, dependence on the platform);

- Priority list of software functional requirements (mandatory functions, desired functions, optional functions);

- Use case diagrams drawn according to Unified Modeling Language (UML) based on the group of functions from the priority list of software functional requirements;

c) Non-functional requirements:

- Requirements to be met for the database (if a database is required);

- Security requirements (determine the security standard used, testing and authentication models, data security);

- Requirements for the aesthetics and technical quality of program interfaces;

- Requirements to be met regarding processing time and complexity of software functions;

- Requirements for logical constraints on data entry (or conversion) through program interface input fields;

- Requirements for installation, infrastructure, transmission, operational safety, exploitation, and use;

- Other non-functional requirements;

d) Requirements for the capabilities of staff involved in developing, upgrading, and modifying the software;

đ) Requirements for the development, upgrade, and modification environment for the software;

e) Requirements for the technical and technological complexity of the software.

Article 23. Determination of the Value of Internal Software

1. The value of internal software is determined based on the technical requirements that need to be met as stipulated in Article 22 of this Decree.

2. Sequence of steps to implement:

a) Counting points for participants;

b) Counting points for use cases;

c) Calculating the technical and technological complexity factor of the software;

d) Calculating the environmental impact factor for software development, upgrade, and modification;

đ) Calculating the effort for software development, upgrade, and modification;

e) Interpolating experience assessment, interpolating labor productivity in software development, upgrade, and modification;

g) Determining the average wage for personnel involved in software development, upgrade, and modification;

h) Determining the value of the software based on points a, b, c, d, đ, e, g of Clause 2 of this Article.

3. Content of the dossier serving the determination of value and method of determining the value of internal software shall be carried out in accordance with the guidelines of the Ministry of Information and Communications.

Article 24. Compulsory use or upgrade, modify software with equivalent functions and technical features available for use

1. In cases where the list of available software (developed using state budget funds) includes software with equivalent functions and technical features to the internal software planned for development, the unit in need must request the agency or organization responsible for managing the available software to provide it for:

a) Immediate use if it is determined that the available software has equivalent functions and technical features, meeting the unit's usage needs;

b) Upgrading or modifying the available software to suit the unit's usage needs if it is determined that the cost of upgrading or modifying the available software is lower than the cost of developing new software.

2. In cases where the internal software planned for development has equivalent functions and technical features to commercial software currently available on the market, the unit in need must purchase the rights to the commercial software to:

a) Immediate use if it is determined that the software has functions and technical features meeting the unit's usage needs and the cost of purchasing the rights is lower than the cost of developing new software;

b) Upgrading or modifying the software to suit the unit's usage needs if it is determined that:

- The software can be upgraded or modified without the permission of the organization or individual holding the rights to upgrade or modify the software; and

- The total cost of purchasing the rights, upgrading, and modifying the software is lower than the cost of developing new software.

3. The content of upgrades or modifications based on available software (including: internal software, commercial software, open-source software) shall be described according to the technical requirements specified in Article 22 of this Decree.

4. Determining software with equivalent functions and technical features shall be carried out in accordance with the guidelines of the Ministry of Information and Communications.

Article 25. Application of Exclusive Innovative Solutions in Internal Software Development

1. During the process of researching the necessity of investment, after surveying the domestic and international markets, if it is determined that the planned internal software development requires special innovative solutions, or must use exclusive innovative solutions provided solely by a contractor, the Investor must report to the Authority with Investment Approval to establish a specialized advisory board on information technology to determine the requirements of the internal software.

2. The specialized advisory board on information technology shall consist of at least three experienced experts in software development, and two experts knowledgeable in the application field requiring business process automation through internal software (including foreign experts if necessary).

3. The operating costs of the specialized advisory board on information technology shall be included in the consulting fees for investment within the total project investment amount, determined by the Authority with Investment Approval at the time of establishing the specialized advisory board on information technology as stipulated in Clause 1 of this Article.

4. The Ministry of Information and Communications shall guide the organization and operation of the specialized advisory board on information technology as prescribed in this Article.

Article 26. Competence to Review Information Technology Application Projects

1. The Authority with Investment Approval is responsible for organizing the review of information technology application projects before approval.

a) Ministries organize the review of projects they decide to invest in. The entity organizing the project review is the specialized unit directly under the Authority with Investment Approval according to the delegated authority;

b) Provincial People's Committees organize the review of projects they decide to invest in. The entity organizing the project review is the specialized unit assisting according to the delegated authority;

c) District People's Committees organize the review of projects they decide to invest in. The entity reviewing the project is the unit with the function of managing the budget plan directly under the Authority with Investment Approval;

d) Commune People's Committees organize the review of projects they decide to invest in within their authority delegated by the Provincial People's Committee. The entity reviewing the project is the unit with the function of managing the budget plan.

2. The entity organizing the project review is responsible for submitting the project dossier to the competent authority specified in Clause 5 of this Article for preliminary design review opinions (except when the entity organizing the project review is also the entity conducting the preliminary design review) and obtaining review opinions from related agencies to review the project. The entity organizing the project review cannot simultaneously act as the Project Investor for the project it is assigned to review.

If necessary, the entity organizing the project review may hire organizations or individuals with sufficient qualifications, experience to advise on project reviews. The cost of hiring consultants for the review is deducted from the project review fee.

3. During the project review process, the entity organizing the project review has the right to request the Project Investor to explain and supplement the project dossier to clarify the review contents as prescribed by this Decree and relevant laws.

4. The project review period (including the preliminary design review period) shall not exceed: 60 working days for Group A projects, 30 working days for Group B projects, and 20 working days for Group C projects, from the date of receiving complete valid documents. In exceptional cases, the project review period may be extended but must be approved by the Authority with Investment Approval.

5. Competence to Review Preliminary Design:

a) For national important projects and Group A projects, the Ministry of Information and Communications shall review the preliminary design;

b) For projects decided by Provincial, District, and Commune People's Committees, the Department of Information and Communications shall review the preliminary design;

c) For projects decided by Ministries, State Economic Groups, State Corporations, and Independent State Companies, the specialized unit on information technology directly under the Decision Maker shall review the preliminary design;

d) If necessary, the entity reviewing the preliminary design may hire organizations or individuals with sufficient qualifications and experience to advise on the review. The cost of hiring consultants for the review is deducted from the project review fee.

6. The preliminary design review period shall not exceed thirty working days for Group A projects, fifteen working days for Group B projects, and ten working days for Group C projects, counted from the date of receipt of complete and valid documents.

Article 27. Content of Project Review for Information Technology Applications

1. The lead unit organizing the review of information technology application projects shall be responsible under the law for the content of its own project review report and shall submit to the Competent Authority the project review report, related documents, along with a draft investment decision.

2. The content of the project review includes:

a) Examining factors ensuring the effectiveness of the project, including: necessity of investment; project input factors; scale, technology, total investment amount, time, and implementation progress of the project; financial analysis, economic and social benefits of the project;

b) Examining factors ensuring the feasibility of the project, including: the investor's management experience; preliminary design review results; ability to repay investment capital (if there is a requirement to recover investment capital); factors affecting the project such as national defense and security; written opinions of relevant agencies.

3. Content of preliminary design review:

a) The compliance of the preliminary design with information technology technical standards and basic requirements regarding functions and technical features for the technical infrastructure system of ministries, sectors, and localities; data connection and sharing with other technical infrastructure systems;

b) The application of technical and standard norms, fire prevention measures, safe operation, and security;

c) The capability conditions of the consulting organization, and the professional capability of the individual primarily responsible for the preliminary design.

Article 28. Total Investment Amount

1. The total investment amount is calculated and determined during the project preparation phase, consistent with the project content and preliminary design.

2. The total investment amount includes:

a) Construction and installation costs:

- Costs for installing network accessories, wiring for information technology networks and other installation-related costs;

- Other directly related construction and installation costs;

b) Equipment costs:

- Costs for purchasing information technology equipment: equipment that needs to be installed and set up, equipment that does not need to be installed and set up, special equipment such as internal software, auxiliary equipment, and peripheral devices;

- Costs for purchasing intangible assets: system software, commercial software, database creation, standardization for data entry, actual data entry for the database, and other intangible asset purchases;

- Training and technology transfer costs;

- Installation costs for equipment, software setup, testing, and adjustment of equipment and software;

c) Project management costs: Including necessary costs for the Investor to organize and manage the project;

d) Investment advisory costs: Surveying and supervising survey work; preparing investment project proposals; conducting investigations and research to serve project preparation, selecting solutions; preliminary design; construction design, adjusting, and supplementing construction design; preparing estimates and total estimates; preparing request documents, tender invitation documents, and bidding documents; analyzing and evaluating proposal documents, prequalification documents, and bidding documents to select consulting contractors, construction contractors, general contractors, and construction supervision contractors; establishing norms and unit prices; preparing estimates and total estimates; adjusting estimates and total estimates; project management consultancy; quality inspection of materials and equipment; product quality evaluation; technological appraisal; conversion of investment capital; investment consultancy costs and other consultancy work;

e) Other costs: fees and charges; insurance, moving equipment and labor force; auditing; finalizing and approving the settlement of investment capital; scientific and technological research related to the project; installation and leasing of transmission lines; domain registration and maintenance fees; and other special costs;

f) Contingency costs: For unforeseen work volumes when preparing the project and contingency costs for price escalation factors during the project implementation period.

3. If the above costs have not been regulated or cannot be immediately calculated, they shall be temporarily estimated and included in the total investment amount according to the guidelines of the Ministry of Information and Communications and the Ministry of Finance.

Article 29. Establishing the total investment ceiling for information technology application projects

1. The total investment ceiling of the project shall be determined according to one of the following methods:

a) Calculating based on the preliminary design of the project, where construction costs are calculated based on the main quantities from the preliminary design, other quantities are estimated, and prices of materials, equipment, and information technology services are based on market prices; equipment costs are calculated based on the quantity and type of suitable equipment for the information technology application solution, market prices of equipment, and other related factors (if any); other costs are determined by preparing a budget estimate or temporarily calculating at a certain percentage (%) of the total construction cost, equipment cost, and contingency cost; the contingency cost is determined in accordance with Clause 2 of this Article.

b) Calculating based on data from similar information technology application projects that have been implemented with comparable economic-technical indicators. When applying this method, it is necessary to convert the data of the similar project to the time of project preparation and adjust the undetermined cost items in the total investment ceiling accordingly.

2. The contingency reserve for additional work volume is calculated based on the total of the costs specified in points a, b, c, d, đ, and e of Clause 2 of Article 28 of this Decree. The contingency cost for price escalation is calculated based on the duration of the project's implementation period, taking into account domestic and international price fluctuations.

Article 30. Content of the review of the total investment ceiling for information technology application projects

1. Reviewing the total investment ceiling is part of the review of information technology application projects. The content of reviewing the total investment ceiling includes:

a) The appropriateness of the method for determining the total investment ceiling with the characteristics, technical nature, technology, and requirements of the project;

b) The completeness, reasonableness, and suitability of the cost items in the total investment ceiling with practical requirements;

c) Calculations regarding the effectiveness of information technology application, risk factors, financial plans, and the ability to recover investment capital (if there is a requirement to recover investment capital);

d) Determining the value of the total investment ceiling to ensure the project's investment efficiency.

2. The total investment ceiling is recorded in the investment decision approved by the authorized person to decide on investment.

Article 31. Adjustments to Information Technology Application Projects

1. An information technology application project that has been decided upon for investment can only be adjusted in the following cases:

a) The appearance of new factors that bring higher efficiency to the project;

b) In the event of force majeure factors such as earthquakes, typhoons, floods, landslides, tornadoes, tsunamis, landslips; war or the threat of war, or other force majeure events directly affecting the project;

c) When the information technology application plan is adjusted by the competent authority, directly impacting the scale and objectives of the project.

2. When adjusting the project does not change the scale, investment objectives, and does not exceed the approved total investment ceiling, the Project Investor may adjust the project independently. If the adjustment changes the preliminary design concerning the technical solution, technology, scale, initial investment objectives, or exceeds the approved total investment ceiling, the Project Investor must submit to the Investment Decision Maker for consideration and decision. The changed contents must be reviewed before making the decision.

3. The person deciding to adjust the project shall bear legal responsibility for their decision.

Article 32. Funding for the preparation, review, or adjustment of information technology application projects

1. The funding for the preparation, review, or adjustment of an information technology application project shall be sourced from the type of capital to which the project belongs.

2. After the review, if the project is not approved, the costs for the preparation, review, or adjustment of the project will be deducted from the operational funds of administrative and service agencies or from the state budget capital allocated to the Project Owner for payment.

3. The Ministry of Information and Communications shall coordinate with the Ministry of Finance to determine the fee levels for reviews in information technology application investment activities.

Chapter III

IMPLEMENTATION OF INVESTMENTS

Article 33. Contents of work during the implementation phase of information technology application projects

The contents of work during the implementation phase include:

1. Conducting additional surveys (if necessary) to serve the preparation of construction design and estimates, total estimates.

2. Seeking agreement on the use of frequency and national digital resources (if required according to state regulations).

3. Preparing and approving the construction design dossier.

4. Preparing and approving the tender invitation dossier/bid request dossier.

5. Organizing the selection of contractors, negotiating contracts with winning bidders, and signing contracts.

6. Implementing contracts.

7. Inspecting and supervising the implementation process of contracts.

8. Managing the implementation of the project.

The selection of contractors to implement the contents stipulated in this Article shall be carried out in accordance with the provisions of the project investment decision, laws on bidding, and related legal documents.

Article 34. Additional Surveys to Serve Construction Design Preparation for Information Technology Application Projects

1. The Project Owner is responsible for considering and deciding on conducting additional surveys to serve the preparation of construction designs.

2. The tasks of additional surveys are established based on the contents specified in Clause 2 of Article 12 of this Decree.

2. Supervision of additional survey work, reporting, and acceptance of additional survey results shall be carried out in accordance with the provisions of Clause 2 of Article 14 and Clause 2 of Article 15 of this Decree.

3. In cases where the results of additional surveys comply with the contract but do not meet the objectives set by the Project Owner, the Project Owner must still settle the accepted portion according to the contract. The cost of additional surveys will be included in the consulting fees within the total investment amount and total estimate of the project.

Article 35. Construction Design

1. The Project Owner organizes the preparation, review, and approval of construction design and total estimates. The review and approval of construction design and total estimates are conducted in one step without separating construction design from total estimates. For projects decided upon by People's Committees at the commune level within their authority, the People's Committee at the higher level assigns the Department of Information and Communications to review and approve the construction design and total estimates.

Depending on the specific conditions of the project, the Project Owner may enter into contracts with individuals or organizations capable of preparing and consulting on the review of construction design and estimates, total estimates. According to the Project Owner's requirements, consulting on the review of construction design and estimates, total estimates can be implemented for all or part of the contents stipulated in Clause 1 and Clause 2 of Article 37 of this Decree.

Costs for preparing and consulting on the review of construction design and estimates, total estimates will be included in the consulting fees within the total investment amount and total estimate of the project.

The approved construction design dossier serves as the basis for the Project Owner to manage the quality, progress, construction methods, and investment management of the project.

If the construction design and estimates, total estimates, or the results of consulting reviews comply with the contract but do not meet the objectives set by the Project Owner, the Project Owner must still settle the accepted portion according to the contract.

2. The construction design must be consistent with the preliminary design in the approved project. During the design process, standard designs and typical designs published by competent state authorities can be used to prepare the construction design.

In cases where project adjustments lead to adjustments in construction design and total estimates, the adjusted contents must be re-approved.

3. Documents serving as the basis for construction design:

a) Survey documents for business processes requiring informatization, user requirements, installation and setup requirements for equipment, and related documents;

b) Decision approving the investment project and the preliminary design content in the approved project;

c) List of applied technical standards for information technology;

d) Reports on the results of additional surveys for equipment installation, setup, network connection, additional surveys on business processes requiring informatization, user requirements, and other requirements (if necessary).

4. Contents of the construction design dossier:

a) For network installation and information technology equipment installation and accessories:

- Technical criteria applied in the installation, setup, testing, and calibration of equipment;

- Equipment installation and setup list and technical parameters of the equipment;

- Statistics on the volume of construction work, materials, supplies, and equipment for main and auxiliary investment items;

- Construction method instructions (for complex construction cases);

- Current site plan;

- Network design solution diagram and explanation, security, data safety, power supply, lightning protection diagrams;

- Equipment installation diagram: location, distance, height of installation; connection points; statistics on materials and supplies for equipment installation and setup;

- Network installation diagram: wiring, cable tray installation, lightning surge protection, use of materials and supplies in network installation, interconnection between subsystems and external system connections with primary dimensions and materials;

- For linear network installations: showing route options, directional changes, installation height and coordinates, major intersections along the route, protected corridor dimensions and primary materials;

b) For special equipment such as internal software:

- Description of technical requirements that need to be met by special equipment such as internal software during the investment preparation stage;

- A verbal description table for each case of use in the diagram of cases of use;

- An activity diagram for each case of use;

- Training and technology transfer requirements; warranty and maintenance requirements (if applicable);

- Requirements for tolerance levels of programming syntax errors, logical errors in data processing, correctness control errors of input data, security and data safety requirements;

c) The total estimate is prepared in accordance with Article 36 of this Decree.

5. Each construction design must have a lead designer (in the case where the construction design work is carried out by an individual, that individual acts as the lead designer).

The lead designer is responsible before the Investor and under the law for the quality of the design product and calculation results (including the accuracy of forecasts and estimates) and must compensate for damages when using information, documents, technical standards, inappropriate technological solutions causing adverse effects on the quality of investment components, the entire project, and other violations causing damage.

6. Organizations and individuals engaged in construction design must supervise the author throughout the construction process and acceptance of the project's products; for construction installation and infrastructure installation, author supervision is conducted on-site.

It is strictly prohibited for organizations and individuals engaged in construction design to use the name of other organizations and individuals engaged in construction design in any form.

7. Organizations and individuals engaged in construction design and estimates, total estimates must hand over to the Investor construction design files in sufficient quantity to ensure management and storage, but not less than eight sets of files.

8. Approved construction design files must be stored in accordance with the law on archives.

Article 36. Total Estimate

1. The total estimate is determined for each specific project by summing up the estimates of the component investment items within the project. The total estimate shall not exceed the approved total investment amount.

The total estimate is part of the construction design file; the approved detailed investment item estimate serves as the basis for determining the tender price in the case of direct assignment or self-execution and works performed without contracts.

2. The contents of the total estimate include: construction costs, equipment costs, project management costs, investment consulting costs, other costs, and contingency costs.

a) Construction and installation costs:

Construction costs are determined by preparing an estimate based on norms, unit prices, norm-setting methods, unit prices issued by the Ministry of Information and Communications, and related state regulations. Construction costs include direct costs, common costs, pre-tax income, and value-added tax;

b) Equipment costs are determined based on the volume, quantity, type of equipment needed to purchase, develop, upgrade, modify, and the purchase price or development, upgrade, modification costs of the equipment through comparison methods or by applying valuation methods. Training and technology transfer costs, equipment installation costs, testing, calibration costs, and other related costs (if applicable) are determined by preparing an estimate;

c) Project management costs and investment consulting costs are determined based on reference to ratio norms, or through comparison methods or by preparing an estimate;

d) Other costs include costs not specified in points a, b, c of Clause 2 of this Article and are determined by comparison methods or by preparing an estimate;

đ) Contingency costs for additional work volumes are calculated as a percentage (%) of the total costs specified in points a, b, c, d of Clause 2 of this Article. Contingency costs for inflation factors are calculated based on the length of the investment period of the project.

3. The application of methods such as comparison, estimation, valuation, setting norms, and unit prices in each period is implemented according to announcements and guidelines from the Ministry of Information and Communications and the Ministry of Finance.

Article 37. Review of construction design, budget estimate, total budget estimate

1. Contents of the review of construction design:

a) Compliance with the preliminary design approved in the project;

b) Compliance with applicable technical standards and regulations;

c) Evaluation of data security and safety level;

d) Rationality of the selection of solutions and equipment, if any;

đ) Safety operation measures and fire prevention and explosion protection measures.

2. Contents of the review of budget estimate and total budget estimate include:

a) Consistency between the quantity of construction design and the quantity of budget estimate;

b) Accuracy of applying economic and technical norms, cost levels, unit prices; application of norms, unit prices, calculation methods, relevant systems and policies, and cost items in the budget estimate as prescribed;

c) Determination of the value of the budget estimate and total budget estimate.

3. The contents of the review of construction design, budget estimate, and total budget estimate shall be carried out in accordance with the guidelines of the Ministry of Information and Communications.

Article 38. Modification of Construction Design

1. Approved construction design may only be modified in the following cases:

a) When the information technology application project is adjusted and there is a requirement to change the design;

b) During the implementation process, unreasonable factors are discovered that, if not changed, will affect the quality of investment, construction progress, construction methods, and the effectiveness of the project;

2. In cases where the modification of construction design deviates from the preliminary design approved in the project, the Project Owner must submit for re-examination of the preliminary design before approving the modification of the construction design.

3. Depending on the specific conditions of the project, the Project Owner may hire organizations or individuals with sufficient capacity to modify the construction design and adjust the preliminary design. If the results of modifying the construction design and adjusting the preliminary design comply with the contract but do not meet the set objectives of the Project Owner, the Project Owner still has to pay for the accepted portion according to the contract.

Costs for modifying the construction design and adjusting the preliminary design are included in the consulting fees within the total investment ceiling and total budget estimate of the project.

Article 39. Cases for Adjusting Budget Estimate and Total Budget Estimate

1. The Project Owner organizes the preparation of adjusted budget estimates and total budget estimates in the cases stipulated in Clause 1 of Article 31 and Clause 1 of Article 38 of this Decree.

2. In cases where the cost structure in the total budget estimate is changed without exceeding the approved total investment ceiling, including contingency costs, the Project Owner can independently adjust the budget estimates of the project's investment components.

3. Depending on the specific conditions of the project, the Project Owner may hire organizations or individuals with sufficient capacity to prepare adjusted budget estimates and total budget estimates. If the adjusted budget estimates and total budget estimates comply with the contract but do not meet the set objectives of the Project Owner, the Project Owner still has to pay for the accepted portion according to the contract.

4. The contents of the adjusted budget estimate and total budget estimate approved by the Project Owner are part of the construction design documentation.

Article 40. Conditions for Implementing Investment in Information Technology Application

1. There is a lawful tender contract.

2. Ensuring funds for payment according to the contract progress.

3. Having project basis documents to serve management and control of investment capital.

Article 41. Insurance during the investment process for information technology application

1. The objects of insurance, the level of insurance, the duration of insurance, and the responsibilities of the parties in the investment process for information technology application must be clearly stipulated in the contract.

2. The contractor shall purchase necessary types of insurance to ensure their operations.

Article 42. Management of progress implementation

1. Information technology application projects must establish a progress schedule before implementation.

2. For large-scale projects with implementation periods exceeding one year, the progress schedule must be established for each phase, quarter, and year.

3. The contractor has the obligation to prepare a detailed progress schedule for investment implementation, interweaving and combining tasks while ensuring compliance with the approved project investment schedule.

4. The project owner, construction supervision, on-site construction command, and related parties have the responsibility to monitor, supervise, and adjust the progress when certain phases of the project investment schedule are delayed. In cases where the entire project investment schedule is extended, the project owner must report to the authorized decision-maker for investment to decide on adjusting the project investment implementation schedule or allowing the project to be terminated.

5. Encouragement is given to accelerate the implementation progress of the project based on ensuring investment quality.

Article 43. Resolution of incidents during the implementation of investment, warranty, and operation

1. In case of incidents occurring during the implementation of investment, warranty, and operation, the project owner and the investment beneficiary unit (owner or manager/user of the project product) have the responsibility to protect the incident site, promptly report to the competent state management agency for information technology according to the delegated authority, and proceed to establish an incident file.

Depending on the situation, the project owner and the investment beneficiary unit may hire individuals or organizations with the required qualifications to conduct consulting surveys, evaluations, and determination of incident causes, clarifying the responsibility of the person causing the incident. Consulting fees are deducted from the operating funds of administrative and public service agencies or from the state budget capital allocated to the project owner for payment.

2. The incident file includes:

a) An inspection record of the incident site established according to the model prescribed in Appendix V issued together with this Decree;

b) Description of the development of the accident;

c) Results of the survey, evaluation, and determination of the degree and cause of the accident;

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

3. The content of incident resolution shall be guided uniformly by the Ministry of Information and Communications in coordination with the Ministry of Justice.

Article 44. Payment of investment capital for information technology application projects

The payment of capital for information technology application projects shall be carried out in accordance with the guidance of the Ministry of Finance.

Chapter IV

COMPLETION OF INVESTMENT AND PUTTING THE PROJECT PRODUCT INTO EXPLOITATION AND USE

Article 45. Completion of investment and putting the project product into exploitation and use

The work content to be implemented in this phase includes:

1. Transfer of project products and works.

2. Operation, exploitation, training, technology transfer, and user guidance.

3. Final acceptance and handover of the project.

4. Warranty of the project product.

5. Implementation of project completion.

6. Settlement of investment capital and approval of settlement.

Article 46. Testing, trial operation, and installation of internal software

1. Internal software that has just been developed, upgraded, or modified must be quality tested or trial operated before acceptance at least one beneficiary unit according to the testing plan established by the contractor based on the completion dossier and the approval opinion of the Project Owner.

2. Depending on the specific conditions of the project, the Project Owner may choose:

a) Establishing a testing group with the lead being the unit entrusted with managing and implementing the project under the Project Owner to conduct testing or trial operation;

b) Hiring individuals or organizations with sufficient capacity to perform testing or trial operation.

3. The costs for quality testing or trial operation shall be included in the development, upgrade, or modification costs of internal software.

4. The testing or trial operation process must involve representatives from the Project Owner, the contractor, construction supervision, and representatives of units entrusted with managing and using the project products. The results of testing or trial operation and recommendations during the testing or trial operation process are part of the completion dossier and must be confirmed by all parties involved in the testing or trial operation process.

5. The results of software testing or trial operation serve as the basis for the Project Owner to make a decision:

a) Officially accepting the software, or

b) Requesting the contractor to continue supplementing and perfecting the software according to the recommendations made during the software testing or trial operation process.

After the internal software has been supplemented and perfected by the contractor, it must be retested or trial operated by the Project Owner. This process ends when the software meets the testing or trial operation requirements. The contractor is responsible for installing the software according to the content and scale specified in the signed contract.

Article 47. Acceptance, transfer, and handover of project products

1. Products or project works can only be transferred or handed over to the Project Owner after they have been tested or trial operated and accepted with satisfactory quality. The Project Owner organizes the acceptance of project products or works with the participation of consulting, design organizations, contractors, and management agencies according to authorized levels.

2. Depending on each project, during the implementation of investment, the contractor may temporarily transfer completed products or works belonging to the project to the Project Owner for exploitation and use.

The contractor must simultaneously transfer the following documents: completion dossier, user guide, management, exploitation, warranty, and maintenance documents for completed products or works. These documents must be clearly defined in the contract and are part of the project product.

The transfer of technology and guidance for units entrusted with managing and using project products or works are carried out by the contractor according to the content of the signed contract with the Project Owner.

3. Completion drawings:

a) Completion drawings reflect the actual construction and equipment installation results, established by the contractor based on approved construction designs and field measurement results confirmed by the Project Owner. Completion drawings are part of the completion dossier. Any modifications compared to approved construction and equipment installation designs must be reflected in the completion drawings;

In cases where actual dimensions and parameters reflecting construction and equipment installation results match those of the approved construction design drawings, these design drawings are considered completion drawings;

b) In completion drawings, the full name and signature of the person preparing the completion drawings must be clearly stated. The legal representative of the contractor must sign and stamp. Completion drawings confirmed by the Project Owner serve as the basis for warranty and maintenance of the project's construction and equipment installation work.

4. For the development, upgrading, or modification of internal software, the contractor is responsible for transferring:

a) Documents of each stage in the software development, upgrade, or modification process according to the signed contract;

b) Software installation program set;

c) Program source code;

d) User guide, management guide, technical guidelines and standards, training materials for users.

5. An information technology application project is fully handed over to the Project Owner upon completion according to the approved construction design. Relevant project files and documents must be submitted for storage in accordance with state regulations on archival storage.

The general acceptance handover record of all project products serves as the basis for the Project Owner to determine the completion of the handover of all project products and proceed with investment settlement.

6. In cases where an information technology application project is not continued due to force majeure or a decision by the competent authority to invest, the Project Owner will organize the acceptance of completed work with the participation of consulting, design organizations, site construction supervisors, and management agencies according to authorized levels. Costs for this acceptance work are drawn from the operating funds of administrative and public service agencies or from the state budget funds allocated to the Project Owner for payment.

Article 48. Warranty for Products of the Project

1. The minimum warranty period for products of information technology projects shall be calculated from the date the Project Owner signs the acceptance certificate and shall be specified as follows:

a) A 24-month warranty for products of national key projects and Group A projects;

b) A 12-month warranty for products of Group B and C projects.

2. The minimum warranty amount shall be calculated as a percentage (%) of the value of the project's products and shall be specified as follows:

a) For products with a 24-month warranty period, it is 3%;

b) For products with a 12-month warranty period, it is 5%.

3. The Contractor shall be responsible for depositing the warranty amount into the Project Owner's account before the Project Owner signs the acceptance certificate. The warranty amount for the product shall accrue interest at the rate applicable to bank deposits. The Contractor and the Project Owner may agree to substitute the warranty amount with a bank guarantee of equivalent value.

The Contractor shall only be refunded the warranty amount after the warranty period has ended and the Project Owner confirms that the warranty work has been completed.

4. Responsibilities of the parties regarding warranty:

a) The Project Owner, management agencies, and users of the project's products shall be responsible for:

- Inspecting and identifying defects to request the Contractor to repair, rectify, or replace them. In case the Contractor fails to fulfill the warranty requirements, the Project Owner, management agencies, and users of the project's products have the right to hire another Contractor to perform the work. The hiring costs shall be deducted from the project's product warranty amount;

- Supervising and accepting the repair, rectification, and replacement work performed by the Contractor;

- Confirming the completion of the warranty work for the project's products to the Contractor;

b) The Contractor shall be responsible for:

- Organizing immediate repair, rectification, or replacement upon request from the Project Owner or the management agency using the project's products and shall bear all costs associated with such activities;

- Refusing warranty in cases where damage is not caused by the Contractor's fault; the Project Owner violates state management regulations and is ordered by competent authorities to remove the project; the project's products are used in violation of operational procedures;

c) The Contractor must compensate for losses caused by their own faults leading to damage, incidents, or defects in the project's products, even after the warranty period, and may face further legal penalties according to the degree of violation.

Article 49. Handling Assets When the Project Ends

Assets serving the operation of the project when the project ends (including partial or phased completion) shall be disposed of if they are no longer needed, following the guidelines of the Ministry of Finance.

Article 50. Maintenance of Project Products

1. Information technology project products funded by state budget funds must be maintained after the warranty period to ensure long-term operation and utilization.

2. Responsibilities of management agencies and users of project products in maintenance:

a) Implementing maintenance of project products according to the maintenance procedures established by the Contractor;

b) Preparing a budget estimate for maintenance costs and consolidating it into the annual operating budget of the unit;

c) Being liable under the law for any decline in quality or malfunction of project products due to non-compliance with prescribed maintenance procedures.

Article 51. Final Settlement of Investment Capital for Completed Projects

The final settlement of capital according to the fiscal year and the final settlement of investment capital for completed projects shall be carried out in accordance with the guidelines of the Ministry of Finance.

Article 52. Repayment of Investment Capital

For information technology application projects using state budget funds, if the Investor is responsible for repaying the investment capital, the sources of capital for recovery include the entire basic depreciation, part of the profit, and other sources of capital (if any).

Article 53. Protection of Copyrights for Project Products

1. Agencies and units entrusted by the State to manage and use products of information technology application projects funded by the state budget must comply with the provisions of the law on intellectual property rights and copyright protection.

2. Organizations and individuals when using the products referred to in Clause 1 of this Article must perform the following obligations:

a) Apply for permission to use;

b) Pay usage fees.

State agencies are not required to pay usage fees but must obtain written approval from the agency or unit managing the project's products.

3. The Ministry of Information and Communications shall coordinate with the Ministry of Finance to stipulate the level of usage fees for the products specified in point b, Clause 2 of this Article.

Article 54. Updating Information into National Database

1. Information about products of information technology application projects funded by the state budget must be updated into the national database to serve the management of information technology application investments to avoid duplication and wastage of state budget funds.

2. Updating information into the national database:

a) After the project is approved, the Investor updates preliminary design information and total investment cost through the specialized unit on information technology directly under the authority with investment decision-making power according to the delegated authority;

b) When the project product is accepted and handed over, the Investor updates all related file information through the specialized unit on information technology directly under the authority with investment decision-making power according to the delegated authority.

3. Information in the files of information technology application projects funded by the state budget is provided publicly on the website of the Ministry of Information and Communications to support the management of investment costs for information technology applications, especially for software development, upgrade, or modification projects.

Information within the scope of state secrets is managed and provided in accordance with the laws on protecting state secrets.

4. Determining the information to be made public in each period and updating information into the national database shall be carried out in accordance with the guidelines of the Ministry of Information and Communications.

Chapter V

MANAGEMENT AND OPERATION OF INFORMATION TECHNOLOGY APPLICATION PROJECTS

Article 55. Forms of Project Management

1. Based on the capacity conditions of organizations and individuals and the requirements of information technology application projects, the authority with investment decision-making power decides to choose one of the following forms of project management:

a) Hiring a consulting organization to manage the project when the Investor does not have the necessary capacity;

b) Directly managing the project when the Investor has the necessary capacity to manage the project.

2. In cases where the Investor directly manages the project, the Investor establishes a Project Management Board to assist the Investor in managing the project.

For small-scale and simple projects with a total investment under one billion dong, the Investor may not establish a Project Management Board but can use their own professional staff to manage and operate the project or hire professionals with experience to support project management.

3. If the Investor hires a consulting organization to manage the project, the responsibilities and authorities of the consulting organization shall be implemented according to the contract signed between both parties. The consulting organization must have the necessary capacity as stipulated in this Decree.

The Investor still needs to use their own professional units or designate a focal point to monitor and oversee the implementation of the contract by the consulting organization.

4. The Ministry of Information and Communications shall provide specific guidance on forms of project management and stipulate project management costs after coordinating with the Ministry of Finance.

Article 56. Responsibilities of the Project Investor in Managing the Project

1. The Project Investor shall be responsible for managing the implementation of the project, performing tasks and exercising powers from the investment preparation stage to the completion of the investment, acceptance and handover of the project's products for exploitation and use, ensuring the effectiveness and feasibility of the project and compliance with legal regulations, including tasks delegated to the Project Management Board or entrusted to consulting organizations to manage the project.

2. In cases where the Project Investor directly manages the project, the Project Investor must assign at least one staff member from their agency or unit to oversee the management and implementation of the project and delegate tasks to specialized units within their own organizational structure to advise and assist the leadership in performing the Project Investor’s duties and monitor, inspect, and urge the Project Management Board to fulfill the assigned tasks and powers.

3. In cases where the Project Investor entrusts a consulting organization to manage the project, the Project Investor must assign at least one staff member from their agency or unit to oversee the management and implementation of the project and delegate tasks to specialized units within their own organizational structure to advise and assist the leadership in performing the Project Investor’s duties and inspect and monitor the performance of the consulting organization's contract to ensure that the project is implemented according to its content, schedule, quality, and effectiveness.

Article 57. Tasks and Powers of the Project Investor and the Project Management Board when the Project Investor Establishes a Project Management Board

1. The Project Investor has the following tasks and powers:

a) Assigning tasks and delegating powers to the Project Management Board based on the principle of suitability with the actual conditions of the Project Investor, requirements of the project; clearly defining responsibilities between the Project Investor and the Project Management Board; decentralizing strongly to the Project Management Board in accordance with the spirit that tasks must go hand in hand with powers to minimize administrative procedures between the Project Investor and the Project Management Board;

The assignment of tasks and delegation of powers to the Project Management Board must be reflected in the decision establishing the Project Management Board and in the documents assigning tasks and delegating powers issued by the Project Investor.

The Project Investor must directly perform certain tasks and powers: approving construction design and budget estimates, total budget estimates; adjusting construction design, budget estimates, total budget estimates; submitting for approval preliminary adjustment designs; inspecting and approving important contracts before handing them over to the Project Management Board for signing; organizing the acceptance of project products for exploitation and use. In special cases, if it is necessary to delegate the above tasks and powers to the Project Management Board, the Project Investor must report to the Investment Decision Authority for consideration and decision.

b) If the Project Investor is not the entity managing and using the project's products, then the entity managing and using the project's products shall have the responsibility to appoint personnel to participate with the Project Investor in managing the project from the investment preparation stage until the end of the investment, receiving management, and putting the project's products into operation and use;

Personnel appointed by the entity managing and using the project's products to join the Project Management Board shall be appointed as Deputy Director of the Project Management Board and need not necessarily meet the professional and experience requirements stipulated in Clause 3 of this Article but must be trained in project management and investment application of information technology (project establishment and management department);

c) The Project Investor may entrust a single Project Management Board to manage multiple projects if they have sufficient capacity and obtain the consent of the Investment Decision Authority.

2. The Project Management Board has the following tasks and powers:

a) Implementing tasks assigned by the Project Investor and exercising powers delegated by the Project Investor. The Project Management Board is responsible to the Project Investor and the law according to the tasks and powers assigned and delegated;

b) Performing procedures and works serving the implementation of the project;

c) Organizing the preparation of construction design documentation and budget estimates, total budget estimates, and submitting them to the Project Investor for review and approval in accordance with regulations;

d) Organizing the preparation of tender request documents (tender invitation documents) and selecting contractors;

đ) Negotiating and signing contracts with contractors under the authority of the Project Investor;

e) Supervising construction work when having sufficient capacity;

g) Accepting, settling, and finalizing payments according to signed contracts;

h) Managing quality, quantity, progress, costs, safety against fire and explosion, operational safety, and industrial hygiene at the site;

i) Accepting and handing over project products;

k) Preparing investment supervision and evaluation reports, final settlement reports when the project is completed and put into operation and use;

l) The Project Management Board shall not establish subordinate Project Management Boards or non-profit entities to manage projects;

m) When the Project Management Board is entrusted to manage multiple projects, each project must be managed, monitored, recorded separately, and settled promptly after the project ends in accordance with regulations;

n) If necessary, the Project Management Board may hire organizations or individuals with sufficient capacity and experience to participate in managing and supervising parts of the work that the Project Management Board does not have the professional capacity to perform, but such hiring must be approved by the Project Investor. Costs for hiring organizations or individuals in this case shall be included in the project's total investment cost and total budget estimate as consulting fees;

o) The Project Management Board may sign contracts to hire foreign consulting organizations with experience and capacity to manage works that domestic consultants cannot adequately perform or when there are other special requirements. Hiring foreign consultants in this case must be approved by the Investment Decision Authority.

3. The organizational structure of the Project Management Board includes a director, deputy directors, specialized units, and those participating in the Project Management Board may work on a full-time or part-time basis.

The Director, Deputy Directors, and persons responsible for information technology, economics, and finance must have a bachelor's degree in a relevant field, at least three years of specialized work experience, and training in management and investment in information technology applications (project establishment and management department). For group C projects in remote areas, the positions mentioned above may be assigned to individuals with associate degrees or vocational diplomas in relevant fields.

Article 58. Conversion and restructuring of project management units lacking work or having completed their tasks

1. Ministries, ministerial-level agencies, and People's Committees at all levels shall decide on converting or restructuring project management units based on the actual number of information technology application projects they are currently leading investors in and the direction and plan for information technology application in the following year, according to one of the following options:

a) In cases where ministries, sectors, or localities have few projects leading to idle or redundant project management units, it is necessary to study and reorganize these units to meet practical requirements; only retain project management units managing ongoing projects or those that have been decided to be invested in under the direct investor management form, without leaving project management units waiting for projects.

The reorganization and conversion of project management units should follow the direction of transforming them into professional project management consulting enterprises, assisting the investor in managing projects through contracts signed with the investor. Based on actual conditions, ministries, sectors, and localities shall instruct the establishment of project management consulting enterprises from the transformation of one project management unit or the combination of several project management units, ensuring the capability to manage projects as prescribed.

For project management units that cannot be reorganized or converted according to the aforementioned options, ministries, sectors, and localities shall issue decisions to dissolve them and bear the responsibility for resolving any remaining issues of old projects and the rights of staff in project management units.

b) In cases where project management units wish to convert into consulting enterprises to fully utilize their professional capabilities, expertise, and existing experience, ministries, sectors, and localities shall decide and create conditions for project management units to transform into professional project management consulting enterprises, and must ensure that the management and implementation of projects are not interrupted.

Article 59. Tasks and Authorities of the Investor and Project Management Consulting Organization when the Investor hires a Project Management Consulting Organization

1. The investor selects and enters into a contract with a project management consulting organization that has the necessary qualifications to assist the investor in managing and implementing the project.

2. The structure and components of the project management consulting organization include a project management consulting director, deputy directors, and specialized departments appropriate to the tasks and authorities stipulated in the contract signed with the investor.

The project management consulting director must meet the required qualifications. Deputy directors and those responsible for specialized fields must have a bachelor's degree in relevant fields and at least three years of specialized work experience.

3. The project management consulting organization may hire organizations or individuals with the necessary qualifications and experience to perform certain parts of project management tasks, but such hiring must be approved by the investor and consistent with the tasks and authorities specified in the contract signed with the investor.

4. The project management consulting organization must be liable under the law and to the investor for the contents committed to in the contract and must compensate for losses caused by its own fault during the project management process.

Chapter VI

Article 60. General Provisions on Qualification Conditions for Organizations and Individuals Engaging in Investment Application of Information Technology

Article 60. General provisions on qualification conditions for organizations and individuals

1. Organizations and individuals participating in investment application of information technology must meet the qualification conditions and experience as prescribed in this Decree.

2. Individuals participating in investment application of information technology activities must have certificates and diplomas issued by legitimate training institutions that are appropriate to the job they undertake, and must also have a certificate of training in investment application of information technology management business according to the regulations of the Ministry of Information and Communications.

3. Individuals holding the position of director of project management consulting organization, construction site command, and construction supervision shall not concurrently hold more than one job according to their position at the same time.

Individuals holding positions as prescribed in Clause 2 and 3 of this Article must sign a contract with an organization in accordance with the law. The contract term must be long enough to allow such individual to complete the assigned tasks according to their position.

4. The capacity for investment application of information technology consulting services of an organization is determined based on its level, taking into account the qualification conditions of individuals within the organization, consulting experience, financial capability, equipment, and management capacity of the organization.

5. For projects using state budget funds, design and construction consultants shall not enter into a supervisory consulting contract with the Project Owner to supervise the implementation of designs they themselves prepared; construction supervision consultants shall not enter into contracts with construction contractors to conduct quality control inspections for projects they themselves supervise.

Construction supervision consultants shall not enter into construction contracts for projects or investment components within projects they themselves supervise.

Article 61. Qualification Conditions for Preliminary Design Leader

Article 61. Qualification Conditions for Preliminary Design Leader

1. Qualifications of Preliminary Design Leader:

a) Must have a bachelor's degree in information technology, received training in investment application of information technology planning and management (project planning and management department), and meet the corresponding conditions for each Level below:

b) Level 1:

Must meet the conditions of Level 2 and have at least 7 consecutive years of experience in information technology application project planning work, having participated in at least 5 preliminary designs of Group A, B, or C information technology application projects, or having served as a preliminary design leader for similar scale investment projects, then recognized as a Level 1 preliminary design leader;

c) Level 2:

Must have at least 5 consecutive years of experience in information technology application project planning work, having participated in at least 3 investment reports or 2 feasibility study reports of Group C information technology application projects;

2. Scope of activities:

d) In remote areas, individuals with associate degrees or vocational certificates in information technology, having at least 3 consecutive years of experience in information technology application project planning work, and having participated in at least 1 investment report of a Group C information technology application project, may serve as preliminary design leaders for projects only preparing investment reports.

a) Level 1: eligible to serve as Preliminary Design Leader and prepare information technology application projects for national key projects, Group A, B, and C projects;

b) Level 2: eligible to serve as Preliminary Design Leader and prepare information technology application projects for Group C projects;

Article 62. Conditions for the capacity of project consulting organizations

1. The capacity of project consulting organizations is divided into two levels as follows:

a) Level 1:

Having at least 10 people with qualifications: bachelor's degree in information technology, bachelor's degree in economics, finance suitable to the requirements of the project; among whom there must be someone who meets the conditions to serve as the Head of Preliminary Design Level 1.

b) Level 2:

Having at least 7 people with qualifications: bachelor's degree in information technology, bachelor's degree in economics, finance suitable to the requirements of the project; among whom there must be someone who meets the conditions to serve as the Head of Preliminary Design Level 2.

2. Scope of activities:

a) Level 1: can prepare national key projects, group A, B, and C projects;

b) Level 2: can prepare group C projects;

c) For organizations that do not meet the conditions to classify levels, they must collaborate or form a consortium with consulting organizations that have sufficient capacity to prepare projects.

Article 63. Conditions for the capacity of individuals serving as Project Management Consulting Directors

1. The capacity of individuals serving as Project Management Consulting Directors is divided into two levels. Individuals serving as Project Management Consulting Directors must have a bachelor's degree or higher in information technology, have been trained in management and investment application of information technology (project planning and management department), and meet the corresponding conditions for each level as follows:

a) Individuals serving as Project Management Consulting Directors Level 1:

- Meeting all conditions of Level 2, having at least 7 consecutive years of experience in project planning and management, having participated in managing one group A project or two group B projects, or five group C projects, and having served as construction site supervisor for a group C project.

b) Individuals serving as Project Management Consulting Directors Level 2:

- Having at least 5 consecutive years of experience in project planning and management, having participated in managing one group B project or two group C projects.

c) In remote areas, individuals with associate degrees or intermediate degrees in information technology, with at least 3 years of experience in project management, may hold the position of Project Management Consulting Director for projects only preparing Investment Reports.

2. Scope of activities:

a) Level 1: can manage national key projects, group A, B, and C projects;

b) Level 2: can manage group C projects.

Article 64. Conditions for the capacity of project management consulting organizations

1. The capacity of project management consulting organizations is divided into two levels as follows:

a) Level 1:

- Having a Project Management Consulting Director Level 1;

- Having at least 10 people with qualifications: bachelor's degree in information technology, bachelor's degree in economics, finance suitable to the requirements of the project; among whom there must be someone who meets the conditions to serve as the Head of Survey; Head of Construction Design, Site Supervisor for Construction Installation, and has the ability to supervise construction at Level 1.

b) Level 2:

- Having a Project Management Consulting Director Level 2;

- Having at least 7 people with qualifications: bachelor's degree in information technology, bachelor's degree in economics, finance suitable to the requirements of the project; among whom there must be someone who meets the conditions to serve as the Head of Survey; Head of Construction Design, Site Supervisor for Construction Installation, and has the ability to supervise construction at Level 2.

2. Scope of activities:

a) Level 1: can manage national key projects, group A, B, and C projects;

b) Level 2: can manage group C projects;

c) For organizations that do not meet the conditions to classify levels, they must collaborate or form a consortium with consulting organizations that have sufficient capacity to perform project management consulting services.

Article 65. Qualification Conditions for the Survey Leader

The survey leader must have a bachelor's degree in information technology, have been trained in management and investment application of information technology (project establishment and management), and be classified as follows:

a) Having participated in at least 2 surveys for Group A projects, or 3 surveys for Group B and C projects, shall be eligible to lead surveys for Group A projects;

b) Having participated in at least 2 surveys for Group B and C projects, shall be eligible to lead surveys for Group B and C projects.

Article 66. Qualification Conditions for Consulting Organizations for Surveys

1. Qualifications of consulting organizations for surveys:

a) Must have at least 10 people with a bachelor's degree in information technology suitable for the requirements of the survey tasks, including those who meet the conditions to serve as leaders for Group A project surveys according to the requirements of the survey tasks.

b) Must have appropriate equipment for each type of survey.

2. Scope of operation: Consulting organizations for surveys may conduct surveys to establish investment projects and design construction projects that match the qualifications of the survey leaders and the requirements of the survey tasks.

Article 67. Qualification Conditions for the Construction Design Leader

1. The construction design leader must have a bachelor's degree in information technology or higher, and is divided into two levels as follows:

a) Level 1:

- Meeting the conditions of Level 2, having been trained in management and investment application of information technology (project establishment and management, cost estimation for investment in information technology applications);

- Having served as the construction design leader for at least one Group A project, or two Group B projects, or participating in the construction design of five Group C projects, with a minimum continuous period of seven years working on construction design;

b) Level 2:

- Having been trained in management and investment application of information technology (project establishment and management, cost estimation for investment in information technology applications);

- Having served as the construction design leader for at least one Group B project, or participating in the construction design of two Group C projects, with a minimum continuous period of five years working on construction design;

c) For remote areas, individuals with a college or intermediate degree in information technology, with a minimum continuous period of three years working on construction design, are eligible to serve as the construction design leader for projects only establishing Investment Reports.

2. Scope of activities:

a) Level 1: eligible to lead construction design for Group A, B, and C projects;

b) Level 2: eligible to lead construction design for Group B and C projects.

Article 68. Qualification Conditions for Consulting Organizations for Construction Design

1. The qualifications of consulting organizations for construction design are divided into two levels as follows:

a) Level 1:

- Must have at least 10 people with a bachelor's degree in information technology, economics, finance;

- Among them, there must be a Level 1 construction design leader;

- Having designed and constructed at least one Group A project, or two Group B projects, or five Group C projects;

b) Level 2:

- Must have at least 7 people with a bachelor's degree in information technology, economics, finance;

- Among them, there must be a Level 2 construction design leader;

- Having designed and constructed at least one Group B project, or two Group C projects.

2. Scope of activities:

a) Level 1: eligible to design and construct national important projects, Group A, B, and C projects;

b) Level 2: eligible to design and construct Group B and C projects;

c) For organizations that do not meet the conditions to be classified, they must collaborate or form a consortium with consulting organizations that have sufficient qualifications to carry out construction design.

Article 69. Conditions for the capacity of construction supervision consulting organizations

1. The capacity of construction supervision consulting organizations is divided into two levels as follows:

a) Level 1:

- Having at least 10 people with a bachelor's degree in information technology, who have been trained in management and investment in information technology applications (belonging to the construction supervision department);

- Having supervised at least one Class A project, or two Class B projects, or three Class C projects;

b) Level 2:

- Having at least 7 people with a bachelor's degree in information technology, who have been trained in management and investment in information technology applications (belonging to the construction supervision department);

- Having supervised at least two Class C projects.

2. Scope of activities:

a) Level 1: Supervising construction for Class A, B, and C projects;

b) Level 2: Supervising construction for Class C projects;

c) For organizations that do not meet the conditions to be classified, they must collaborate or form a consortium with consulting organizations that have sufficient capacity to carry out construction supervision consulting.

Article 70. Conditions for the capacity of on-site construction supervisors

1. On-site construction supervisors must hold a bachelor's degree or higher in information technology and have at least five consecutive years of experience in construction and installation work for information technology infrastructure.

In remote areas, individuals with an associate's degree or a diploma in information technology, having at least three years of experience in construction and installation work for information technology infrastructure, may also hold the position of on-site construction supervisor.

2. Scope of activity: Carrying out the role of on-site construction supervisor for Class A, B, and C projects.

Article 71. Conditions for independent practitioners in design, survey, and supervision

1. Conditions for independent practitioners in design, survey, and supervision:

a) Holding a bachelor's degree in information technology, who have been trained in management and investment in information technology applications (in a relevant department);

b) Registering personal tax code in accordance with the law;

c) Having sufficient experience according to the requirements of each assumed position.

2. Scope of activities:

a) Independent practitioners in survey can act as the main surveyor, conduct surveys, prepare survey tasks, and report survey results if they meet the capacity conditions stipulated in Clause 1 of this Article;

b) Independent practitioners in design can act as the main preliminary designer, implement preliminary designs, and carry out construction designs if they meet the capacity conditions stipulated in Clause 1 of this Article;

c) Independent practitioners in survey and construction supervision can supervise surveys and construction if they meet the capacity conditions stipulated in Clause 1 of this Article.

3. When engaging in activities, independent practitioners must comply with the provisions of this Decree and related laws.

Article 72. Conditions for the capacity of foreign individuals and organizations participating in consulting and contract implementation activities in the field of information technology investment in Vietnam

Foreign individuals and organizations participating in consulting and contract implementation activities in the field of information technology investment in Vietnam must meet the capacity conditions stipulated in this Decree, obtain permission from competent state management agencies, and comply with relevant Vietnamese laws.

Chapter VII

TRAINING AND PROFESSIONAL DEVELOPMENT IN MANAGEMENT AND INVESTMENT IN INFORMATION TECHNOLOGY APPLICATIONS

Article 73. Training and Professional Development in Management and Investment in Information Technology Application

1. Objectives:

a) Individuals directly participating in management activities, consulting, and implementing investment in information technology application must be certified to have participated in training and professional development in management and investment in information technology application;

b) Other individuals with needs.

2. Management of Training and Professional Development Activities in Management and Investment in Information Technology Application:

The Ministry of Information and Communications shall organize training and professional development activities in management and investment in information technology application as follows:

a) Specify the content of the framework training and professional development program, model certification, and validity period of the training and professional development certification in management and investment in information technology application after soliciting opinions from the Ministry of Education and Training;

b) Compile the situation of training and professional development activities of training institutions through annual reports on the implementation of training and professional development activities submitted by training institutions;

c) Establish a database of training institutions for professional development in management and investment in information technology application based on information provided by these institutions.

3. Conditions for Institutions Organizing Training and Professional Development in Management and Investment in Information Technology Application include:

a) Having a business registration certificate (or establishment decision for institutions without a business registration certificate) in accordance with the provisions of the law;

b) Having a team of lecturers in management and investment in information technology application;

c) Being listed in the list of institutions meeting the conditions to organize training and professional development in management and investment in information technology application on the website specified in Article 74 of this Decree.

4. Conditions for Issuing Certificates of Completion of Training and Professional Development in Management and Investment in Information Technology Application:

a) Certificates will be issued to trainees who fully participate in the corresponding training and professional development programs in management and investment in information technology application and meet the requirements after examination and assessment;

b) The duration of the training and professional development course in management and investment in information technology application must be organized for at least five days.

5. Responsibilities and Obligations of Institutions Organizing Training and Professional Development in Management and Investment in Information Technology Application:

a) Be responsible for the quality of training; provide information about their training institution to the database system as stipulated in point b, Clause 2 of this Article;

b) Implement training and professional development activities in management and investment in information technology application and issue certificates to trainees in accordance with regulations;

c) Annually report to the Ministry of Information and Communications (through Provincial Departments of Information and Communications) and relevant ministries, sectors, or localities on the situation of training and professional development for monitoring and consolidation.

Article 74. Website on Capacity for Management and Investment in Information Technology Application

1. The following information on capacity for management and investment in information technology application must be published on the website on capacity for management and investment in information technology application managed by the Ministry of Information and Communications:

a) Information on training and professional development in management and investment in information technology application;

b) Information on institutions meeting the conditions to organize training and professional development in management and investment in information technology application;

c) Information on organizations and individuals meeting the capacity conditions to participate in investment in information technology application activities;

d) Information on handling violations of laws on management and investment in information technology application;

đ) Current regulatory legal documents on management and investment in information technology application;

e) Other related information (specifically, bidding information is implemented according to the provisions of the law on bidding).

2. After being published free of charge on the website on capacity for management and investment in information technology application, the information specified in Clause 1 of this Article may be reprinted on other mass media to facilitate access by interested organizations and individuals.

3. Provision of Information for Publication:

a) Ministries, agencies equivalent to ministries, and central-level agencies and Provincial Departments of Information and Communications are responsible for providing information specified in points d, đ, and e of Clause 1 of this Article;

b) Project sponsors are responsible for providing the information specified from point a to point d and point e of Clause 1 of this Article.

4. The provision of information, deadlines, and schedules for publishing information on the website on capacity for management and investment in information technology application shall be carried out in accordance with the guidelines of the Ministry of Information and Communications.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 75. Organization of Implementation

1. Information Technology Application Projects approved before the effective date of this Decree but not yet implemented or currently being implemented shall be carried out in accordance with the legal provisions on investment management at the time of project approval.

In case it is necessary to adjust the project, total investment amount, construction design, budget estimate, and total budget estimate in accordance with the provisions of this Decree, the person with authority shall consider and decide on the adjustment to ensure that it does not interrupt the ongoing project implementation.

2. Information Technology Application Projects that have been established and reviewed but not yet approved before the effective date of this Decree shall proceed with subsequent steps in accordance with the provisions of this Decree.

3. Organizations and individuals currently participating in investment in information technology application activities may continue their operations until December 31, 2010. As of January 1, 2011, organizations and individuals engaged in investment in information technology application activities must meet the capacity conditions as prescribed in this Decree.

4. The standard rates, unit prices, average labor wages, machinery and construction equipment costs, and direct material costs for activities related to investment in information technology applications using state budget funds, as established by the Ministry of Information and Communications, relevant sectoral ministries, and localities prior to the effective date of this Decree, shall be converted into published references for organizations and individuals to consult, decide to apply, or utilize as a basis for determining and managing costs associated with investment in information technology applications.

Article 76. Effective Date

This Decree takes effect from January 1, 2010. All previous regulations issued by the Government, ministries equivalent to ministries, and localities that conflict with this Decree are hereby abolished./.