Circular No. 20/2014/TT-BTTTT stipulates the priority products of open-source software for procurement and use in state agencies and organizations.

CIRCULAR

Regulations on Open Source Software Products

to be Prioritized for Procurement and Use in State Agencies and Organizations

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

Pursuant to the Law on Bidding dated November 26, 2013;

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 Decision No. 169/2006/QĐ-TTg dated July 17, 2006 of the Government Chairman on investment and procurement of information technology products by agencies and organizations using state budget funds and Decision No. 223/2006/QĐ-TTg dated October 4, 2006 of the Government Chairman amending certain provisions of Decision No. 169/2006/QĐ-TTg;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Article 1. Amending and supplementing Circular No. 09/2013/TT-BTTTT dated April 8, 2013 of the Minister of Information and Communications on the List of software and hardware, electronic products as follows:

The Minister of Information and Communications issues this Circular regulating open source software products to be prioritized for procurement and use in state agencies and organizations.

Article 1. Scope of Regulation

This Circular stipulates the list, criteria for selecting open source software products to be prioritized for procurement and use in state agencies and organizations, and the priority procurement and use of open source software in state agencies and organizations.

Article 2. Applicability

1. This Circular applies to:

a) State agencies, political organizations, political-social organizations, political-social-professional organizations, social-professional organizations, social organizations, units under the people's armed forces, public service units (hereinafter collectively referred to as state agencies and organizations) use state capital to invest in and procure information technology products for non-commercial activities;

b) Organizations and enterprises participating in building and providing software for state agencies and organizations.

2. It is encouraged that agencies and organizations not falling within the scope specified in Clause 1 of this Article apply the provisions of this Circular.

Article 3. Criteria for Selecting Open Source Software Products to be Prioritized for Procurement and Use in State Agencies and Organizations

Open source software products to be prioritized for procurement and use in state agencies and organizations must meet the following criteria:

1. Criteria regarding functions and technical features

a) The software has functions and technical features suitable for business requirements or corresponding regulations and guidelines on information technology applications in state agencies and organizations;

b) The software meets the requirement of compatibility with existing information systems and databases of agencies and organizations.

2. Criteria regarding openness and sustainability of the software

a) The software must ensure the rights: freedom to use the software without paying copyright fees, freedom to redistribute the software, freedom to modify the software according to usage needs, freedom to redistribute modified software (which may be charged or free);

b) The software must have source code and installation packages provided free of charge on the internet. Preference is given to software that has available installation guides and user manuals in Vietnamese;

c) The software has a failure point PoF (Point of Failure) score of 50 points or less and an Open Source Maturity Model (OSMM) score of 60 points or more.

Article 4. Provisions on the List

1. The List of open source software products to be prioritized for procurement and use in state agencies and organizations (hereinafter referred to as the List) is set out in the Appendix attached to this Circular. Open source software products in the List have met the criteria stipulated in Article 3 of this Circular.

2. The List will be published on the Ministry of Information and Communications' website.

3. The List will be updated and supplemented to suit practical development.

4. Specialized units for information technology of Ministries, ministerial-level agencies, government agencies, and Provincial Departments of Information and Communications under centrally governed cities shall proactively organize evaluation boards to determine products not included in the List but meeting the criteria stipulated in Article 3 of this Circular for application within their respective ministries, sectors, and localities.

Article 5. Provisions on Priority for Procurement and Use of Open Source Software in State Agencies and Organizations

1. The open source software products that are prioritized for procurement and use in state agencies and organizations include:

a) Products listed in the Catalogue prescribed in Article 4 of this Circular;

b) Open source software products meeting the criteria set forth in Article 3 of this Circular, particularly those developed, improved, exploited, and supplied by domestic organizations and enterprises.

2. When state agencies and organizations have the need to use state capital for investment in construction, procurement, or rental of software types included in the Catalogue prescribed in the Appendix of this Circular, or software types for which there are corresponding open source software products available on the market satisfying the criteria set forth in Article 3 of this Circular, they must prioritize selecting the corresponding open source software products according to the provisions of Clause 1 of this Article and clearly demonstrate such priority in documents such as preliminary design, construction design, tendering plan, investment plan, tender invitation, request for quotation, or other procurement requirements.

3. State agencies and organizations must ensure that they do not impose requirements, conditions, or technical features that could lead to the exclusion of open source software products from documents such as preliminary design, construction design, tendering plan, investment plan, tender invitation, request for quotation, or other procurement requirements.

Article 6. Responsibilities of related agencies

1. The Ministry of Information and Communications (Department of Information Technology) shall be responsible for organizing guidance on the implementation of this Circular; researching and proposing amendments to this Circular to update the Catalogue of open source software products prioritized for procurement and use in state agencies and organizations.

2. Specialized units for information technology under Ministries, agencies at the level of ministries, government agencies, and Provincial Departments of Information and Communications shall be responsible for guiding, disseminating, implementing, supervising, and organizing the implementation of the contents of this Circular within their respective agencies, units, sectors, or localities; compiling and submitting reports on the situation of procurement and use of open source software in state agencies and organizations within their respective sectors, fields, or localities to the Ministry of Information and Communications as prescribed.

Article 7. Transitional Provisions

1. In cases where investment in and procurement of information technology products have been appraised, approved, and implemented before the effective date of this Circular, they shall continue to be carried out according to the provisions of Circular No. 41/2009/TT-BTTTT dated December 30, 2009, issued by the Minister of Information and Communications regarding the Catalogue of open source software products meeting the requirements for use in state agencies and organizations.

2. In cases where investment in and procurement of information technology products have been appraised and approved but not yet implemented before the effective date of this Circular, they shall be carried out according to the provisions of this Circular.

Article 8. Effective Date

1. This Circular takes effect from January 20, 2015.

2. This Circular replaces Circular No. 41/2009/TT-BTTTT dated December 30, 2009, issued by the Minister of Information and Communications regarding the Catalogue of open source software products meeting the requirements for use in state agencies and organizations.

3. During the implementation process, if any difficulties arise, they should be reported to the Ministry of Information and Communications for consideration and resolution.

4. The Director of the Office, the Head of the Department of Information Technology, the Heads of agencies and units under the Ministry of Information and Communications, the Heads of specialized units for information technology in state agencies, and related organizations and individuals are responsible for enforcing this Circular./.