Joint Circular No. 19/2012/TTLT-BTC-BKHDT-BTTTT guiding the management and use of funds for implementing the national program on the application of information technology in the operations of state agencies.

JOINT CIRCULAR

GUIDELINES FOR THE MANAGEMENT AND USE OF FUNDS TO IMPLEMENT THE NATIONAL PROGRAM ON THE APPLICATION OF INFORMATION TECHNOLOGY IN THE OPERATIONS OF STATE ORGANIZATIONS

Pursuant to the State Budget Law No. 01/2002/QH11 dated December 16, 2002;

Pursuant to the Law on Information Technology No. 67/2006/QH11 dated June 29, 2006;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the Law on State Budget;

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

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 116/2008/NĐ-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Implementing Decision No. 1605/QĐ-TTg dated August 27, 2010 of the Prime Minister approving the National Program on the application of information technology in the operations of state organizations for the period 2011-2015,

The Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Information and Communications hereby provide guidelines for the management and use of funds for the application of information technology in the operations of state organizations as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of Application

This Circular provides guidelines for the management and use of funds for the application of information technology to perform the following tasks:

1. The National Program on the Application of Information Technology in the Operations of State Organizations, including:

a) The National Program on the Application of Information Technology in the Operations of State Organizations for the period 2011-2015 pursuant to Decision No. 1605/QĐ-TTg dated August 27, 2010 of the Prime Minister (hereinafter referred to as Decision No. 1605/QĐ-TTg).

b) The National Program on the Application of Information Technology in the Operations of State Organizations for subsequent periods.

2. Other activities related to the application of information technology in state organizations within the annual budget plan of the agencies and units.

Article 2. Applicability

This Circular applies to state agencies, agencies under the Communist Party of Vietnam, political and social organizations receiving state budget funding for the application of information technology, including:

1. Central Agencies:

a) State agencies under the central government.

b) Other central agencies receiving state budget funding for the application of information technology.

2. Local Agencies:

a) Specialized agencies under People's Committees at all levels.

b) State agencies under vertical sectors at localities.

c) Agencies of the Party, People's Councils, and local political and social organizations receiving state budget funding for the application of information technology.

d) Other agencies at localities receiving state budget funding for the application of information technology.

Article 3. Sources of Funds for Implementing the National Program on the Application of Information Technology in the Operations of State Organizations

1. Central budget and local budget.

2. Official Development Assistance (ODA) funds from sponsors for projects applying information technology in the operations of state organizations.

3. Legal revenue sources of agencies and units permitted to retain and use according to the law; contributions from enterprises; other lawful sources of funds according to the law.

Article 4. Principles for Managing and Using Funds

1. Management and use of funds for implementing the National Program on the Application of Information Technology in the Operations of State Organizations must be in accordance with the purpose, regulations, priority order, based on actual needs, ensuring effectiveness and feasibility when implemented; subject to inspection, supervision, and evaluation by competent authorities; settlement of funds used, and public disclosure of the budget according to current regulations.

2. Management and use of ODA funds must comply with the provisions of Vietnamese law on the management and use of ODA funds.

3. Legal revenue sources of agencies and units permitted to retain and use; contributions from enterprises; other lawful sources of funds shall be implemented in accordance with relevant legal documents.

Chapter II
SPECIFIC PROVISIONS

Article 5. Allocation of Budget Expenditure Tasks for Implementing the National Program on Information Technology Application in State Agencies

1. TASKS FOR EXPENSES FROM THE CENTRAL BUDGET:

a) Construction and upgrading of national-level information technology infrastructure, information systems, databases; information systems serving management and operation work of central Party and State agencies; information systems serving sectoral management work.

b) Partial financial support for localities with difficult socio-economic conditions in implementing construction of information technology infrastructure.

c) Expenditure on information technology application of Ministries and central agencies.

d) Operating costs of the Steering Committee and the National Directive Board for implementing information technology application activities in state agencies.

Based on the Prime Minister's Directive to build plans for economic and social development, the Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Information and Communications and the Ministry of Finance to guide agencies responsible for implementing projects under the program to develop plans for implementation that are consistent with corresponding budget sources, ensuring feasibility in resource balance. Project capital registration plans shall be submitted to the Ministry of Planning and Investment and the Ministry of Finance for consolidation and reporting to the Prime Minister for decision-making by the National Assembly in the annual budget estimate.

2. Local budget expenditure tasks:

a) Construction and upgrading of information technology infrastructure, databases, and information systems serving management and operation work of local Party and State agencies.

b) Expenditure on information technology application of agencies and units at the local level.

c) Operating costs of the Steering Committee and the Local Directive Board for implementing information technology application activities in state agencies.

Article 6. Specific Allocation of Budget Expenditure Tasks for Implementing Decision No. 1605/QĐ-TTg

1. TASKS FOR EXPENSES FROM THE CENTRAL BUDGET:

a) Construction and upgrading of national-level information technology infrastructure, information systems, databases; information systems serving management and operation work of central Party and State agencies, including specific projects and tasks listed in Appendix III of Decision No. 1605/QĐ-TTg.

b) Partial financial support for localities with difficult socio-economic conditions in implementing construction of information technology infrastructure, meeting requirements to ensure connectivity and interoperability between central and local state agencies for large-scale information systems and databases at the national level as specified in Appendix III of Decision No. 1605/QĐ-TTg.

Agencies primarily responsible for implementing national-scale information systems and databases shall propose specific levels of support and target beneficiaries based on actual needs, ensuring no overlap or waste; seek review comments from the Ministry of Planning and Investment, the Ministry of Finance, and the Ministry of Information and Communications for consolidation, reporting, and submission to the Prime Minister for consideration and decision.

Annually, based on the total budget estimate for implementing national-scale projects and tasks (as specified in Appendix III of Decision No. 1605/QĐ-TTg) decided by the Prime Minister, within the ceiling budget and principles of financial support for localities as stipulated by the State Budget Law and budget capacity, the Ministry of Information and Communications shall take the lead and coordinate with relevant agencies responsible for implementing systems to guide localities in developing implementation plans and corresponding funding sources; review centrally-funded financial support levels according to principles and within the total amount announced before submitting to the Ministry of Planning and Investment and the Ministry of Finance for consolidation and reporting to the Prime Minister for the National Assembly to allocate in the annual supplementary budget of the Central Government.

c) Expenditure from the budgets of Ministries and central agencies assigned annually by competent authorities:

Within the annual budget allocation granted by competent authorities, Ministries and central agencies shall allocate funds to implement Decision No. 1605/QĐ-TTg within their own Ministries and agencies, including the following main tasks:

i) Development of information technology infrastructure:

- Construction and upgrading of information technology infrastructure to ensure information technology application within state agencies, including: servers, workstations, peripheral devices, network connection devices, auxiliary equipment, internal networks, wide area networks;

- Provision of infrastructure to facilitate convenient access to public services through various forms, including: electronic information portals; customer care centers; fixed telephones; mobile phones; single-window service desks and other forms;

- Construction and deployment of information security system infrastructure, electronic authentication, and digital signatures.

ii) Information technology application within state agencies:

- Construction and upgrading of information systems: document management and operation systems, comprehensive information management systems, online conference systems, email systems, integration of user authentication systems with electronic authentication and digital signature infrastructure;

- Construction and upgrading of information technology application systems in business operations and other internal works towards greater efficiency, expanded connectivity, and meeting operational needs of each agency.

iii) Information technology application to serve citizens and businesses:

- Provision of online public services to citizens and businesses;

- Implementation of information technology applications at single-window service desks and interlinked single-window service desks (if applicable);

- Development and enhancement of effectiveness of online dialogue, question-and-answer systems, and tools for receiving opinions of citizens and businesses in state agency activities.

iv) Training and development of human resources for information technology application.

v) Establishment of a legal environment for information technology application and development.

vi) Learning international experiences in information technology application in state agency activities and e-Government development.

vii) Maintenance and repair of information infrastructure; operation and maintenance of information systems.

VIII. Other contents of information technology application (if any).

d) Costs of operation of the Management Board, Steering Committee for implementing information technology application activities in state agencies.

2. Local budget expenditure tasks:

The People's Committees of provinces and centrally governed cities shall prioritize budget allocation to implement Decision No. 1605/QĐ-TTg at their localities, including tasks prescribed in Point c Clause 1 Article of this Decision for their respective locality.

Article 7. Contents of Expenditure

1. Contents of expenditure to be allocated from investment capital development funds or public service funds with investment characteristics (provided that they meet the conditions stipulated in the regulations on project management for information technology application projects funded by the State budget and must establish projects in accordance with the regulations):

a) Expenditure for new construction, procurement, major repair of information infrastructure, including: network part (routers, switches, hubs, access points, firewalls, transmission cables, connection materials, etc.); hardware (servers, personal computers, storage devices, printing devices, uninterruptible power supply, lightning protection, cooling systems for information technology systems and other peripheral devices); databases.

b) Expenditure for new construction, procurement, upgrading software, including: system software, application software, portal/electronic information websites, utility software, core/software foundation and other software, including the purchase of software licenses.

The above contents of expenditure when established as investment projects for implementation include the following component costs (as stipulated in Decree No. 102/2009/NĐ-CP dated November 6, 2009 on the management of investment in information technology applications using state budget funds):

i) Installation costs:

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

- Other direct installation costs related thereto.

ii) Equipment costs:

- Costs for purchasing information technology equipment: Equipment requiring installation and setup, equipment not requiring installation and setup, special equipment such as internal software, auxiliary equipment and peripheral equipment;

- Costs for purchasing intangible assets: System software, commercial software, database creation, standardization services for data entry, data entry for databases, procurement of other intangible assets;

- Training and technology transfer costs;

- Costs for installing equipment, setting up software, testing and adjusting equipment and software.

iii) Project management costs: Including necessary costs for the Investor to organize project management.

iv) Investment consulting costs: Surveying and supervising survey work; preparing investment projects; investigating and researching to serve the preparation of projects, selecting solutions; preliminary design; construction design, adjustment, and supplementation of construction design; preparing estimates/totals; preparing request documents, tender invitation documents, and bidding documents; and costs for analyzing and evaluating proposal documents, prequalification documents, and bidding documents to select consulting contractors, construction contractors, general contractors, construction supervision contractors; establishing norms and unit prices; preparing estimates, total estimates; adjusting estimates, total estimates; project management consulting; quality inspection of materials and equipment; product quality evaluation; technical appraisal; conversion of investment capital; investment consulting costs and other consulting work.

v) Other costs: fees and charges; insurance, relocation of equipment and workforce; auditing; verification and approval of final accounts for 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.

vi) Contingency costs: For unforeseen work volumes when establishing the project and contingency costs for price escalation factors during the implementation of the project.

2. Contents of expenditure to be allocated from annual administrative operating funds (no need to establish projects):

a) Expenditure for procurement, upgrading of information infrastructure and software:

- Expenditure for new construction, procurement, upgrading of software with investment capital below the threshold requiring establishment of an investment project;

- Expenditure for partial replacement (less than 50% of the total value) of hardware and network components of existing information infrastructure;

- Expenditure for procurement, extension of software licenses or legalization of currently used software without licenses;

- Procurement of air conditioning systems for server rooms.

b) Maintenance, repair costs:

- Maintenance, repair, and minor repair costs for information infrastructure network and hardware parts;

- Software maintenance and support operation costs (including regular and emergency backup and recovery costs for software).

c) Maintenance of network services:

- Network connection rental services (such as: leasing transmission lines, bandwidth);

- Domain name and IP address maintenance;

- Information collection, storage, and transmission services (email system maintenance services; website hosting services; internet cloud storage rental services);

- Other online services (DNS domain name services, LDAP authentication services, Windows Internet WINS name services, virtual private network services, and other services).

d) Other service costs:

- Rental services for hardware and network information technology equipment, server placement rental services, and other information technology equipment rental services;

- Cybersecurity and information security services (costs for consulting, inspecting, and evaluating information security, cybersecurity monitoring services, and incident response services);

- Digital signature services.

đ) Management and operation costs of information systems, including:

- Planning and monitoring, inspecting, and evaluating the operation, maintenance, repair, and upkeep of information systems;

- Operation and technical support for information technology systems or hiring management and technical support services for information technology systems;

- Management of users;

- Network security control, information security, and system information responsiveness;

- Statistics and reporting on the utilization and usage of network traffic;

- Organizing the deployment of information technology applications in emergencies;

- Establishing and perfecting regulations and management rules for information systems.

e) Costs for establishing and maintaining information database systems, including: data standardization; initial data creation; updating new data and information (purchasing information content, creating and converting information, digitizing information).

g) Costs to ensure operation of electronic information portal/gateway in accordance with Decree No. 43/2011/NĐ-CP dated June 13, 2011 of the Government on regulations regarding provision of information and online public services on electronic information portals or gateways of state agencies, including:

- Purchasing information content, creating and converting information, digitizing information for the electronic information portal/gateway;

- Personnel costs for the electronic information portal/gateway, including: editorial board, personnel handling online public services, and technical management personnel;

- Maintenance and repair costs for the electronic information portal/gateway: included under system maintenance costs of the unit;

- Upgrading and modifying costs for the electronic information gateway: included under software upgrading and repair costs of the unit.

h) State management costs for information technology application:

- Costs for building and reviewing mechanisms, policies, and legal documents in the field of information technology application;

- Costs for developing plans, programs, projects, and proposals on information technology application (drafting outlines, seminar costs for developing plans, programs, projects, and proposals; costs for review, critique, and evaluation of plans, programs, projects, and proposals);

- Costs for setting industry standards and unit prices in the field of information technology;

- Costs for inspecting, supervising, and evaluating the implementation of information technology application tasks;

- Costs for surveys and information collection serving state management of information technology application;

- Costs for conferences and seminars on information technology application;

- Costs for overseas study tours to learn international experiences in information technology application in state agency operations and e-Government development;

- Costs for activities of steering committees and directive boards in the field of information technology application: costs for directing, inspecting, supervising, urging, and evaluating information technology application activities; costs for meetings, conferences, and seminars; costs for professional activities; costs for supporting the activities of the steering committee's permanent office.

i) Consulting fees in the field of information technology application, including: technology transfer consulting, procurement consulting, and other consulting services.

j) Training and capacity building for civil servants and officials:

- Training and capacity building for users, including: general knowledge about information technology, skills in applying information technology in business operations and management;

- Training and capacity building for specialized information technology staff, including system management and advanced topics, training according to standards set by manufacturers;

- Training and capacity building for chief information officers;

- Training and capacity building for management and investment skills in information technology application.

k) Allowance for incentives and hazardous work conditions for specialized information technology staff (if applicable).

l) Costs for information dissemination, promotion, and publicity to serve the goal of information technology application in state agencies (promotion and publicity about state agencies providing information on the internet; information and promotion to make citizens and society aware and participate in transactions with state agencies through the internet and other promotional activities).

m) Costs for organizing information technology contests.

Article 8. System and standards for expenditure on contents funded from development investment capital or business operation funds with investment characteristics

1. When preparing the budget for information technology application investment projects, it must comply with current regulations on managing information technology application investment projects, industry-specific standards and unit prices issued by the Ministry of Information and Communications, the Ministry of Finance, and other specialized ministries. Some current regulations are as follows:

a) The preparation and management of project investment costs shall be carried out in accordance with Circular No. 06/2011/TT-BTTTT dated February 28, 2011, which stipulates the preparation and management of investment costs for information technology application.

b) Project management costs for information technology applications shall be implemented in accordance with Circular No. 10/2011/TT-BTC dated January 26, 2011, issued by the Ministry of Finance, concerning the management and use of project management costs for construction investment projects funded by state budget.

Regarding the standards for project management costs and investment consulting fees, refer to Decision No. 993/QĐ-BTTTT dated July 1, 2011, issued by the Minister of Information and Communications, announcing temporary standards for project management costs and investment consulting fees for information technology applications using state budget funds.

c) Project appraisal costs: apply the provisions set forth in Circular No. 176/2011/TT-BTC dated December 6, 2011, issued by the Ministry of Finance, guiding the system of collection, payment, and management of project appraisal fees for construction investment projects.

d) Costs for review and approval of final accounts; independent audit: shall be implemented in accordance with Circular No. 19/2011/TT-BTC dated February 14, 2011, issued by the Ministry of Finance, concerning the settlement of completed projects funded by state capital.

đ) Standards for hardware installation and software deployment: refer to Decision No. 1601/QĐ-BTTTT dated October 3, 2011, issued by the Minister of Information and Communications, regarding the announcement of standards for hardware installation and software deployment in information technology applications for relevant agencies, organizations, and individuals to refer to and use in their hardware installation and software deployment activities in information technology applications.

e) Standards for database creation: refer to Decision No. 1595/QĐ-BTTTT dated October 3, 2011, issued by the Minister of Information and Communications, regarding the announcement of standards for database creation in information technology application activities.

g) The construction and upgrading of internal software: refer to Circular No. 2589/BTTTT-ƯDCNTT dated August 24, 2011, issued by the Ministry of Information and Communications, concerning guidance on determining the costs for developing and upgrading internal software.

Agencies and units that exploit and use open-source software in information technology application activities (if there is equivalent open-source software that meets requirements and is suitable for implementation by the agency or unit) shall substitute the purchase of pre-built software or tailor-made software.

2. Domestic consultant hiring expenses: shall be implemented in accordance with Circular No. 18/2010/TT-BLĐTBXH dated June 10, 2010, issued by the Ministry of Labor, Invalids, and Social Affairs, concerning the salary for domestic consultants implementing consultancy tender packages and applying time-based contract forms under projects using state capital.

3. Foreign consultant hiring expenses: Based on the necessity of implementing activities and approved budget estimates, the heads of central agencies and provincial/municipal People's Committees directly under the Central Government decide on hiring foreign consultants. The actual expenditure level shall be based on the actual contract agreed upon with the consultant according to the required quality, quantity, and duration of work.

4. Survey and investigation expenses for project preparation and supplementary surveys during the implementation of investments: Shall be implemented in accordance with Circular No. 58/2011/TT-BTC dated May 11, 2011, issued by the Ministry of Finance, concerning the management, use, and settlement of expenses for statistical surveys.

5. For projects/programs using Official Development Assistance (ODA) funds: Shall be implemented in accordance with the expenditure levels specified in Circular No. 219/2009/TT-BTC dated November 19, 2009, and Circular No. 192/2011/TT-BTC dated December 26, 2011, issued by the Ministry of Finance, amending and supplementing some articles of Circular No. 219/2009/TT-BTC dated November 19, 2009, issued by the Ministry of Finance, concerning certain standards for expenditures applicable to projects/programs using Official Development Assistance (ODA) funds.

6. When new regulations amend, supplement, or replace the regulations referred to in this Article, they shall be applied according to the new regulations.

Article 9. Financial Regulations and Standards for Expenditure on Content from Administrative and Public Services Regular Operating Funds

The expenditure regulations to implement tasks related to information technology application shall be carried out according to financial expenditure regulations stipulated by the Ministry of Finance. This Circular provides additional guidance on the following matters:

1. Expenditure on purchasing, upgrading information infrastructure and software, including: expenditure on developing and upgrading internal software; purchasing, upgrading, installing, and setting up information technology equipment (network, hardware, commercial software) to maintain regular operations, implemented in accordance with Circular No. 21/2010/TT-BTTTT dated September 8, 2010, issued by the Ministry of Information and Communications, regarding the preparation of project outlines and detailed budgets for information technology application activities using state budget funds but not requiring the establishment of projects. Specifically as follows:

a) Principles for preparing project outlines and detailed budgets:

- Determining the scope and scale of information technology application activities for the preparation of project outlines and detailed budgets must be based on technical characteristics, implementation procedures, ensuring the synchronization of activities;

- Adhering to technical standards applicable to each item of information technology application costs listed in the project outline and detailed budget, ensuring sufficient conditions to determine the budget volume of information technology application expenditures;

- The explanatory notes of the project outline and detailed budget must clearly explain the contents that cannot be reflected in the accompanying forms.

b) Basis for preparing the budget:

- Based on standards, norms, unit prices already issued by competent state agencies;

- For items without established standards, norms, or unit prices, they should be based on technical requirements, technological conditions, working conditions to establish norms, unit prices or apply similar norms, unit prices from other approved projects and tasks, and must provide clear explanations for the calculation basis.

- For items without established standards, norms, or unit prices, and without similar contracts, they should be based on quotations from at least three suppliers.

2. Payments under contracts between agencies, units, and suppliers, ensuring compliance with invoice and receipt regulations and bidding, procurement of assets, goods, services in general, and information technology assets, goods, services in particular, include:

a) Expenditure on purchasing information content; purchasing teaching materials, learning, research materials.

b) Expenditure on information work, propaganda, promotion serving the goal of information technology application in state agencies (printing leaflets, posters, banners, slogans; propaganda, promotion through radio and television broadcasts; information dissemination on computer networks, telecommunications networks, and other promotional activities).

3. For maintenance, repair, minor repairs of information infrastructure equipment; management of information systems; creation of electronic information on computer networks; creation and conversion of information; digitization of information:

a) Based on the functions, responsibilities, and staff of the specialized department (or concurrently responsible), agencies and units are responsible for implementing these tasks as regular professional duties. In cases where civil servants, employees work overtime to perform these tasks, they will be paid overtime wages according to Circular Joint No. 08/2005/TTLT-BNV-BTC dated January 5, 2005, jointly issued by the Ministry of Finance and the Ministry of Home Affairs guiding the implementation of wage payment for night work and overtime for civil servants, employees.

b) In cases exceeding professional capacity, agencies and units decide to hire external parties to carry out the tasks. Payment is made according to the contract and invoices, ensuring compliance with procurement regulations for assets, goods, services in general, and information technology assets, goods, services in particular.

c) Hiring organizations or individuals outside to create electronic information on computer networks, create and convert information, or digitize information shall be carried out in accordance with Circular No. 137/2007/TT-BTC dated November 28, 2007, issued by the Ministry of Finance, guiding the level of expenditure for creating electronic information.

For the creation of electronic information in ethnic minority languages, the maximum increase allowed is 30% of the expenditure level specified in Circular No. 137/2007/TT-BTC dated November 28, 2007, issued by the Ministry of Finance.

For data standardization expenditure: refer to Decision No. 1595/QĐ-BTTTT dated October 3, 2011, issued by the Minister of Information and Communications, announcing the norms for creating databases in information technology application activities.

4. Remuneration system for articles, images, audio, video published on government websites (not online newspapers): implemented according to Decree No. 61/2002/NĐ-CP dated June 11, 2002, issued by the Government on remuneration systems.

Only articles approved for publication can enjoy the remuneration or fees as stipulated below:

a) Remuneration paid to the author or owner of the work:

Remuneration = Remuneration coefficient rate x Value of one unit of remuneration coefficient

Where:

The value of one unit of remuneration coefficient equals 10% of the minimum wage.

Remuneration coefficient = Length of article quantity x article value coefficient

Depending on the type and quality of the work, the head of the website management unit decides the article value coefficient of the work not exceeding the article value coefficient in the table below.

The remuneration coefficient is determined based on the length of the article and the article value coefficient but does not exceed the remuneration coefficient range in the table below when making payments.

For works presented through interview formats (interviews), the ratio of remuneration between the interviewer and the interviewee is agreed upon by both parties.

b) Remuneration paid to collectors, providers of texts from state agencies, political organizations, socio-political organizations, social organizations, occupational social organizations, economic organizations, and translations of those texts; purely current news reports, folk literary and artistic works:

Remuneration = Rate coefficient x Value of one unit of the rate coefficient

Where:

The value of one unit of remuneration coefficient equals 10% of the minimum wage.

Remuneration coefficient = Length of article quantity x article value coefficient

Depending on the genre and quality of the work, the Head of the unit managing the portal/webpage decides the value news article rate coefficient of the work not exceeding the News Article Value Coefficient in the table below:

c) Details on the calculation of remuneration and royalties are set out in Appendix I attached hereto.

d) For works not specified within the framework of royalties and news defined in this Article, the Head of the unit managing the portal/webpage shall determine the royalty rate for the author and owner based on the nature and characteristics of the work, and corresponding remuneration for the collector and provider.

5. Expenses for supporting the editorial board of the portal/webpage in collecting, providing, and editing news and articles on the portal/webpage:

a) Staff members of the editorial board who are authors or owners of news and articles published on the portal/webpage shall enjoy royalties as stipulated in point a, Clause 4 of this Article.

b) Staff members of the editorial board who are collectors or providers of news and articles published on the portal/webpage shall enjoy remuneration as stipulated in point b, Clause 4 of this Article.

c) Staff members engaged in editing news and articles shall enjoy remuneration at 20% of the remuneration of the collector or provider of news and articles (if they concurrently hold such positions).

6. Expenses for building proposals, tasks applying information technology with scientific and technological research characteristics; expenses for building standards, norms, unit prices in specialized fields of information technology: implemented according to Circular Joint No. 44/2007/TTLT-BTC-BKHCN dated May 7, 2007 of the Ministry of Finance and the Ministry of Science and Technology guiding the budget allocation and distribution for scientific and technological projects using state funds.

7. Expenses for drafting regulatory mechanisms, policies, guidelines, procedures, and other documents to ensure a legal environment for the application of information technology: Implemented according to the provisions of Circular Joint No. 192/2010/TTLT-BTC-BTP-VPCP dated December 2, 2010 of the Ministry of Finance, the Ministry of Justice, and the Government Office guiding the preparation, management, use, and settlement of state budget funds for legislative activities and the improvement of the legal system.

For the development of plans, programs, and proposals for the application of information technology, guidance documents serving state management of information technology: apply the provisions of Circular Joint No. 192/2010/TTLT-BTC-BTP-VPCP dated December 2, 2010 of the Ministry of Finance, the Ministry of Justice, and the Government Office according to the corresponding expenditure levels for each level issuing the documents.

8. Expenses for hiring consulting experts:

a) For domestic consulting experts: Apply the expenditure level stipulated in Circular No. 18/2010/TT-BLDTBXH dated June 10, 2010 of the Ministry of Labor, Invalids, and Social Affairs regarding the salary for domestic consulting experts implementing consultancy contracts and applying time-based contracts under projects funded by state capital.

b) For foreign consulting experts: Based on the necessity of implementing activities and approved budget estimates, the Heads of central agencies and provincial/municipal People's Committees decide on hiring foreign consulting experts. The actual expenditure is carried out according to the actual contract agreed upon with the expert based on the required quality, quantity, and duration of work.

9. Expenses for training and upgrading officials, civil servants, and public employees in information technology application skills and investment management in information technology applications: implemented according to Circular No. 139/2010/TT-BTC dated September 21, 2010 of the Ministry of Finance regarding the preparation, management, and use of state budget funds for training and upgrading officials and civil servants. In addition, the following guidance applies:

a) Remuneration for local lecturers and technical staff: depending on the training and upgrading programs, the Heads of agencies and units decide on inviting lecturers and technical staff (one main lecturer may invite up to two assistants/technical staff) and determine appropriate remuneration but not exceeding 400,000 VND/day/person for lecturers and assistants; not exceeding 200,000 VND/day/person for technical staff. If separate travel and accommodation costs need to be covered for assistants and technical staff, they shall be implemented according to the standards applicable to main lecturers.

b) For foreign lecturers: depending on the necessity, agencies and units report to competent authorities for approval to invite foreign lecturers; the remuneration for foreign lecturers is agreed upon by the agency/unit and the lecturer, ensuring it is commensurate with the financial capacity of the agency/unit.

c) Training and upgrading according to standards of vendors: paid according to the contract between agencies/units and suppliers, ensuring compliance with invoice regulations and procurement rules for goods and services.

d) For online training and upgrading, in addition to the expenses prescribed in Circular No. 139/2010/TT-BTC dated September 21, 2010, the following additional items can also be included:

- Expenses for digitizing lectures for online training and upgrading: implemented according to the provisions of Circular No. 137/2007/TT-BTC dated November 28, 2007 of the Ministry of Finance guiding the cost of creating electronic information.

- For building lecture videos: apply the cost standard for building knowledge dissemination programs as prescribed in Circular No. 30/2010/TT-BTTTT dated December 31, 2010, issued by the Minister of Information and Communications on temporarily applicable standards regarding labor costs and equipment costs in producing television programs.

- For purchasing and building software to serve online training and development: implement according to the regulations on building and purchasing software as stipulated in this Circular.

- For renting services to maintain and store lectures on the internet: shall be paid according to the contracts between agencies, units, and service providers, ensuring compliance with invoice and tendering regulations for goods and services.

10. For investigation and survey expenses: Implement according to the provisions of Circular No. 58/2011/TT-BTC dated May 11, 2011, issued by the Ministry of Finance on managing, using, and settling accounts for funds for conducting statistical surveys.

11. For domestic travel expenses: Implement according to the provisions of Circular No. 97/2010/TT-BTC dated July 6, 2010, issued by the Ministry of Finance on travel expense allowances and expenditure regulations for organizing meetings for state agencies and public institutions.

12. For short-term overseas travel expenses: Implement according to the provisions of Circular No. 91/2005/TT-BTC dated October 18, 2005, issued by the Ministry of Finance on travel expense allowances for state officials and civil servants traveling abroad for short-term stays funded by the state budget.

13. For translation and interpretation expenses: Implement according to the provisions of Circular No. 01/2010/TT-BTC dated January 6, 2010, issued by the Ministry of Finance on expenditure regulations for welcoming foreign guests to work in Vietnam, organizing international conferences and seminars in Vietnam, and hosting domestic guests.

14. For organizing information technology competitions: Implement according to the provisions of Circular No. 52/2007/TT-BTC dated May 21, 2007, issued by the Ministry of Finance guiding financial systems for technical innovation competitions.

15. For activities of Steering Committees and Directives in the field of information technology application: Based on the tasks approved by the Steering Committee or Directive, the permanent office of the Steering Committee or Directive shall prepare the budget estimate for the activities of the Committee according to the contents and cost standards prescribed in Article 9 of this Circular.

16. When new regulations amend, supplement, or replace the existing regulations referred to in this Article, the new regulations shall be applied.

Article 10. Preparation of State Budget Estimates

1. Basis for planning and preparing estimates for implementing the National Program on Information Technology Application of state agencies:

a) The Prime Minister's Decision approving the National Program on Information Technology Application in state agency operations by phase.

b) Phase-based Information Technology Application Plans and annual Information Technology Application Plans of Ministries and sectors (for central agencies) and provincial People's Committees and municipal People's Committees directly under the Central Government (for local agencies).

c) Phase-based Information Technology Application Plans and annual Information Technology Application Plans of their own units.

d) Guidelines for preparing annual state budget estimates issued by the Ministry of Finance; Guidelines for developing economic and social development plans and annual investment development plans issued by the Ministry of Planning and Investment.

đ) The division of responsibilities for expenditures, types of expenditures, and cost standards prescribed in this Circular.

e) Current state regulations on systems and cost standards.

2. Procedures and time limits for preparing estimates:

The preparation of state budget estimates for implementing the National Program on Information Technology Application of state agencies must be carried out strictly in accordance with the procedures and time limits for preparing annual state budget estimates as prescribed by the State Budget Law and its implementing regulations, specifically as follows:

a) For central agencies:

Central state agencies shall prepare detailed annual plans and estimates for information technology application expenditures by specific expenditure areas and submit them to the Ministry of Information and Communications for review and technical verification regarding objectives, content, and technical standards. At the same time, central state agencies shall consolidate their annual information technology application expenditure estimates into their overall agency budget estimates (including information technology application expenditures by type) and submit them to the Ministry of Planning and Investment (for development investment expenditures) and the Ministry of Finance (for recurrent expenditures) for consolidation and balancing of the central government budget for information technology applications, to be included in the annual state budget estimates of the agencies for approval by the competent authority. Specifically:

(i) For development investment expenditures:

- To be implemented in accordance with current regulations on project management;

- The budget estimates for information technology application projects shall be consolidated together with other projects in the unit's development investment expenditure budget estimates.

(ii) For recurrent expenditures:

Units directly responsible for implementing information technology application tasks within central state agencies shall prepare budget estimates for information technology application expenditures according to the contents and tasks stipulated in this Circular and include them in their annual recurrent expenditure budget estimates, which they shall submit to their superior management agencies. Central state agencies (primary budget units) shall consolidate their information technology application expenditure estimates by expenditure area in their ministry or agency's annual recurrent expenditure budget estimates.

b) For localities:

Units directly responsible for implementing information technology application tasks at the local level shall prepare budget estimates for information technology application expenditures according to the contents and tasks stipulated in this Circular (including both development investment and recurrent expenditures) and include them in their annual budget estimates, which they shall submit to their superior management agencies.

Units at level I shall aggregate their own information technology application expenditure budget and those of subordinate units and submit it to the same-level information and communication agency for review and examination regarding objectives, specialized contents, and technical standards. At the same time, units at level I shall aggregate the information technology application expenditure budget into their annual budget and submit it to the same-level financial and planning and investment agencies for consolidation and balancing of local budgets for information technology applications, and for approval by the competent authority within the national budget estimates of the agencies annually.

The People's Committees of provinces and centrally-administered cities shall aggregate the detailed annual expenditure budget for information technology applications by specific spending areas and submit it to the Ministry of Information and Communications for review and examination regarding objectives, specialized contents, and technical standards. At the same time, the People's Committees of provinces and centrally-administered cities shall aggregate the information technology application expenditure budget into the local government budget (including specific spending on information technology applications) and submit it to the Ministry of Planning and Investment and the Ministry of Finance for consolidation and balancing of the budget for information technology applications, and for approval by the competent authority within the annual national budget estimates of the localities.

c) The time for submitting the annual state budget estimate for information technology applications shall be the same as the time for submitting the annual state budget estimate report of the unit to the financial agency and the planning and investment agency at the same level as prescribed by the State Budget Law.

Article 11. Allocation, Implementation, and Settlement of the State Budget

1. Based on the state budget estimate assigned by the competent authority, the head of the agency or unit shall be responsible for allocating and assigning the budget funds to the implementing organizations (including funds for implementing information technology application tasks) after receiving the review comments from the same-level financial agency.

2. The use and settlement of funds to ensure the implementation of information technology application tasks shall comply with the provisions of the State Budget Law, guiding documents, and the provisions of this Circular; funds for information technology application expenditures shall be accounted for and settled according to the current regulations of the State Budget Law in the area they belong to. At year-end, they shall be aggregated in the annual settlement of the unit's state budget as prescribed.

Chapter III
IMPLEMENTATION

Article 12. Implementation Organization

1. This Circular takes effect from April 1, 2012, and replaces Circular Jointly Issued No. 43/2008/TTLT-BTC-BTTTT dated May 26, 2008, of the Ministry of Finance and the Ministry of Information and Communications guiding the management and use of funds for information technology application expenditures in the activities of state agencies.

2. In the course of implementation, if there are difficulties or obstacles, agencies and units are requested to reflect them to the Joint Ministries for research and resolution.

 

 

ANNEX I

GUIDELINES FOR CALCULATING THE VALUE OF INFORMATION AND ARTICLES POSTED ON THE WEBSITES OF STATE AGENCIES
(Issued together with Joint Circular No. 19/TTLT-BTC-BKHĐT-BTTTT dated February 15, 2012, of the Ministry of Finance, Ministry of Planning and Investment, and Ministry of Information and Communications)

I. Provisions on Unit Length of Information

1. One A4 page is equivalent to 500 words in regular font size 13.

2. An article or piece of information with approximately 250 words is rounded up to ½ (half) A4 page.

3. An article or piece of information with approximately 500 words is rounded up to 1 (one) A4 page.

4. Articles are calculated as 1 (one) A4 page.

5. News articles, reader responses, forward translations, and reverse translations are calculated as ½ (half) A4 page.

II. Example of Calculating Royalties for Works

For example, in case 3, since the number of information units multiplied by the value of each unit exceeds the maximum royalty rate framework (50), only the maximum allowable amount based on the framework (30) will be paid.

II. Example of Calculating Fees for Collecting Information

III. Classification of Works for Which Collection Fees Are Paid

1. Summary news: summaries compiled from various sources published in mass media by agencies and organizations.

2. Written news: reflects events, analyzes new reports and legal documents, compares and evaluates events, uses specialized language concisely and clearly.

3. Articles: synthesizes, compares, identifies new issues, uses specialized language that is easy to read and understand.

4. Forward translations: translates from one or more English sources, selects information, compiles, and arranges content.

5. Reverse translations: translates from one or more Vietnamese sources, selects information, compiles, and chains content.

6. For images: high-quality photos illustrating the news or article clearly.

7. Interviews: topics cover socially relevant issues, concise and clear questions and answers, reflecting the consistent official viewpoint of the state agency.

Works written directly in English are paid royalties according to the specified rates in this regulation and an additional 50% of the total royalties for works written in Vietnamese.