Circular No. 23/2010/TT-BTTTT on providing information on the Electronic Information Website regarding management capacity and investment in applying information technology

CIRCULAR

Provisions on providing information on the Electronic Information Website regarding management capacity and investment in applying information technology

Management and investment in applying information technology using state budget funds

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

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

Pursuant to Decree No. 102/2009/NĐ-CP dated November 6, 2009 of the Government on management and investment in applying information technology using state budget funds;

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

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

Ministry of Information and Communications stipulating concerning the provision of information on the Electronic Information Website regarding management capacity and investment in applying information technology as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Circular stipulates the provision of information, deadlines, and timelines for posting information on the Electronic Information Website regarding management capacity and investment in applying information technology as prescribed in Decree No. 102/2009/NĐ-CP dated November 6, 2009 of the Government on management and investment in applying information technology using state budget funds (hereinafter referred to as Decree No. 102/2009/NĐ-CP).

Article 2. Applicability

Article 1. This Circular applies to specialized units on information technology of ministries, ministerial-level agencies, agencies under the Government, Provincial Departments of Information and Communications of centrally governed cities and provinces (hereinafter referred to as Lead Units), and project sponsors of information technology application projects using state budget funds.

Training and vocational training institutions related to management and investment in applying information technology.

Article 3. Provision of Information for Posting on the Electronic Information Website

Clause 1. The Electronic Information Website on management capacity and investment in applying information technology (hereinafter referred to as the Electronic Information Website) has the domain name: www.dautucntt.gov.vn.

Clause 2. The Information Technology Application Department under the Ministry of Information and Communications is responsible for posting information related to the management and investment capacity in applying information technology of organizations and individuals on the Electronic Information Website.

Address for receiving information of the Information Technology Application Department under the Ministry of Information and Communications:

- Address: 18 Nguyen Du Street, Hanoi

- Telephone: 04-35378201, Fax: 04-35378208

4. Summary of organizational development: [email protected]

Clause 3. The provision of information shall be carried out simultaneously in two forms:   submitting written documents and sending files in accordance with the templates attached to this Circular.

Information sent in file form using the template shall be posted on the website www.dautucntt.gov.vn and use the Vietnamese Unicode character set code according to standard TCVN 6909:2001.

Chapter II

INFORMATION ON THE ELECTRONIC INFORMATION WEBSITE REGARDING MANAGEMENT CAPACITY AND INVESTMENT IN APPLYING INFORMATION TECHNOLOGY

Article 4. Purpose

The purpose of posting information on the Electronic Information Website is:

Clause 1. To publicly announce the management and investment capacity in applying information technology of organizations and individuals operating in the field of information technology application.

Clause 2. To assist project sponsors and relevant agencies in obtaining information about the management and investment capacity of organizations and individuals operating in the field of information technology application in Vietnam.

Clause 3. To assist organizations operating in the field of information technology application in promoting their capacity and activities, implementing transparency, and improving market integrity.

Clause 4. To assist state administrative agencies in having a basis for evaluating, ranking, and selecting the investment and application capacity in information technology of organizations operating in the field of information technology application; at the same time, monitoring the activities in this field of organizations, thereby proposing mechanisms and policies to promote development and enhance the capacity of these organizations.

Article 5. Principles for Providing and Exploiting Information on Management Capacity and Investment in Applying Information Technology on the Electronic Information Portal

1. The information provided shall be directly related to management capacity and investment in applying information technology in Vietnam. 

2. Information about organizations and individuals participating in activities of investing in applying information technology, published on the Electronic Information Portal, serves as one of the bases for investors to refer to the capacity and experience of contractors during the process of selecting contractors to implement tender packages.

3. Provided information must ensure truthfulness, accuracy, timeliness, and regular updates when changes occur.

4. Ensure that all organizations and individuals can search and access information on the Electronic Information Portal to serve the purpose of training and vocational development information retrieval, contractor selection; joint ventures, collaborations, business cooperation contracts for consulting and construction purposes, as well as serving learning and management tasks.

Article 6. Training and Vocational Development Information on Management and Investment in Applying Information Technology

1. Information on the framework program content, certificate templates, and validity period of training and vocational development certificates shall be updated and published by the Directorate for Information Technology Application under the Ministry of Information and Communications.

2. Information on the situation of training and vocational development:

a) The situation of training and vocational development activities conducted by institutions providing training and vocational development in management and investment in applying information technology.

Before January 31 each year, training institutions shall have the responsibility to report their training and vocational development activities in management and investment in applying information technology of the previous year in both written form and electronic file format to the Ministry of Information and Communications (Directorate for Information Technology Application) for consolidation, and simultaneously send to the Department of Information and Communications where the main office is located for monitoring according to the model at Appendix I.

b) Within ten working days from the date of issuing the Decision granting the training and vocational development certificate in management and investment in applying information technology, the training institution shall have the responsibility to submit the information in both written form and electronic file format according to the model at Appendix II to the Ministry of Information and Communications (Directorate for Information Technology Application) for publication on the Electronic Information Portal. c) Training institutions must notify the plan for organizing courses (subject, time, location, duration, instructor) to the Ministry of Information and Communications (Directorate for Information Technology Application) and the Department of Information and Communications where the course is organized before the opening day for monitoring and inspection if necessary. In case of any changes to the plan, the training institution must promptly notify the Ministry of Information and Communications (Directorate for Information Technology Application) and the Department of Information and Communications where the course is organized.

Article 7. Information on Institutions Meeting Conditions to Organize Training and Vocational Development in Management and Investment in Applying Information Technology

1. Information on institutions meeting conditions to organize training and vocational development in management and investment in applying information technology includes: Institution name, business registration number/establishment decision number, main office address and subordinate offices, contact phone number, fax number, email, and main fields of operation and other relevant information (if any).

2. Conditions for organizing training and vocational development activities in management and investment in applying information technology shall be applied in accordance with Clause 3, Article 73 of Decree No. 102/2009/NĐ-CP, specifically as follows:

a) Having a Business Registration Certificate (or Establishment Decision for institutions without a Business Registration Certificate) in accordance with the law;

b) Having a teaching staff in management and investment in applying information technology meeting the provisions of Clause 5, Article 8 of this Circular;

c) Being listed on the Electronic Information Portal in accordance with Clause 3 of this Article.

3. Procedures for Providing and Publishing Information on the Electronic Information Portal

- A certified copy of one of the following documents: Business Registration Certificate or Establishment Decision;

a) Documents electronic customs declaration forms. including:

- A declaration regarding the teaching staff, textbooks, and materials related to the training management process, facilities meeting teaching and learning requirements;

- A letter registering for training and vocational development in management and investment in applying information technology, a training institution information provision form according to the models at Appendices III and IV.

b) Submitting the dossier

The training institution shall submit the dossier in written form to the Ministry of Information and Communications (Directorate for Information Technology Application), and simultaneously send it in electronic file format to the address:

c) Publishing information [email protected].

The Directorate for Information Technology Application under the Ministry of Information and Communications shall be responsible for reviewing, inspecting the dossier, and publishing information about the training institution on the Electronic Information Portal within a maximum of fifteen working days from the date of receiving a complete and valid dossier.

4. Updating Information When Changes Occur

When there are changes to the registered information, training and vocational development institutions in management and investment in applying information technology must submit a written notice to the Ministry of Information and Communications (Directorate for Information Technology Application), and simultaneously send it in electronic file format to the address:

to update. [email protected] to update.

Article 8. Information on organizations and individuals with sufficient capacity to participate in investment activities applying information technology

1. Information on organizations and individuals with sufficient capacity to participate in investment activities applying information technology using state budget funds must be published on the Electronic Information Portal, including the following organizations and individuals:

- Organizations: project consulting, project management consulting, survey consulting, design and construction consulting, construction supervision consulting, and construction contractors for installation of technical infrastructure for information technology;

- Individuals: leading preliminary design, project management consulting director, leading survey, leading design and construction, construction supervision, and site construction command.

2. Not later than ten working days from the date of the decision approving the tender selection results requiring organizational and individual capacity, the project sponsor shall send information about the capacity of such organizations and individuals to the Lead Unit (in writing and as an electronic file) according to the form at Appendix V.

3. The Lead Unit is responsible for compiling information on organizations and individuals with sufficient capacity to participate in projects within its ministry, sector, or locality, collecting information provided by sponsors, and sending it quarterly in both written and electronic file formats to the Ministry of Information and Communications (Information Technology Application Department) according to the form at Appendix VI not later than fifteen working days from the first day of the quarter to publish on the Electronic Information Portal.

4. It is encouraged for sponsors to provide information on organizations and individuals specified in Clause 1 of this Article participating in tenders whose results have been approved before the effective date of this Circular.

The procedure for providing information shall be carried out in accordance with the provisions of Clauses 2 and 3 of this Article.

5. Instructors on Management and Investment in Information Technology Applications

a) Instructors on management and investment in information technology applications must meet the following conditions:

- Graduated from university or higher; 

- Have experience participating in one of the following management and investment activities in information technology applications: teaching management and investment in information technology applications; state management over investment in information technology applications; drafting normative legal documents and guidance documents on management and investment in information technology applications;

- Listed on the Electronic Information Portal in accordance with point b, Clause 5 of this Article.

b) Registration of instructors on management and investment in information technology applications

Individuals wishing to register as instructors must submit an application for registration along with a scientific curriculum vitae (in writing) according to the form at Appendix VII and Appendix VIII to the Ministry of Information and Communications (Information Technology Application Department), and simultaneously send an electronic file to the address [email protected] to be published on the Electronic Information Portal.

The Information Technology Application Department of the Ministry of Information and Communications is the lead unit responsible for reviewing, examining, and publishing instructor information on the Electronic Information Portal within a maximum period of fifteen working days from the date of receipt of complete and valid files.

Article 9. Information on Handling Violations of Law in Management and Investment in Information Technology Applications

The Lead Unit is responsible for providing information on handling violations of law in management and investment in information technology applications according to the form at Appendix IX to the Ministry of Information and Communications (Information Technology Application Department) for consolidation and publication on the Electronic Information Portal.

It is encouraged for other organizations and individuals to provide information on violations in management and investment in information technology applications to the Ministry of Information and Communications (Information Technology Application Department) for consideration and publication on the Electronic Information Portal.

Article 10. Information on current legal regulations on management and investment in information technology application

1. Information on current legal regulations on management and investment in information technology application must be ensured to be updated regularly and continuously, and comply with current legal provisions.

2. The Department of Information Technology Application under the Ministry of Information and Communications shall be responsible for managing and posting such information on the Electronic Information Website.

Chapter III

IMPLEMENTATION

Article 11. Inspection and handling of information on management and investment capacity in information technology application

1. The Ministry of Information and Communications shall be the main coordinating body working together with relevant ministries, sectors, localities, and professional associations to handle information during the process of publishing information about operational capacity in the field of investment in information technology application using state budget funds on the Electronic Information Website.
Electronic information.

2. Training institutions shall bear legal responsibility for the quality of training, vocational training, and the information of individuals for whom they issue certificates.

3. Organizations and individuals participating in activities related to management and investment in information technology application shall bear legal responsibility for the content of the information provided to project sponsors and training institutions.

Article 12. Effective Date

1.  This Circular takes effect from December 1, 2010.

2.  The Department of Information Technology Application under the Ministry of Information and Communications shall be responsible for disseminating and guiding the implementation of the contents of this Circular.

3.  During the implementation process, if any issues arise or difficulties occur, relevant individuals and units shall promptly reflect them to the Ministry of Information and Communications for consideration, supplementation, and amendment./.