Circular No. 42/2009/TT-BTTTT detailing the priority for investment and procurement of domestically produced information technology products funded by state budget or funds derived from the state budget.

CIRCULAR

Specifies in detail the priority for investment and procurement of domestically produced information technology products using

state budget funds or capital originating from the state budget

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MINISTER OF INFORMATION AND COMMUNICATIONS

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;

Based on Decision No. 169/2006/QĐ-TTg dated July 17, 2006 of the Prime Minister regarding 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 Prime Minister amending certain provisions of Decision No. 169/2006/QĐ-TTg;

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:

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Article 1. Scope of Regulation and Applicability

This Circular stipulates the List and criteria for determining domestically produced information technology products that are prioritized for investment and procurement using state budget funds or capital originating from the state budget.

This Circular applies to state agencies, state-run public institutions, political organizations, socio-political organizations, and units under armed forces (hereinafter referred to as the main units responsible for investment and procurement).

Article 2. The List and criteria for determining domestically produced information technology products that are prioritized for investment and procurement

1. Computer hardware products, specialized electronic products, and consumer electronics

a) Product List:

- Desktop computers;

- Laptop computers;

- Servers with up to two central processing units (CPU);

- Fixed-line telephones;

- Internal telephone exchanges with less than 1,000 lines;

- Optical fiber communication cables;

- Copper wire communication cables.

b) Determination Criteria: The computer hardware products, specialized electronic products, and consumer electronics listed in point a of Clause 1 of this Article must simultaneously meet the following criteria:

- The product has been registered with a trademark or brand name in Vietnam;

- The product is manufactured in Vietnam by a business entity where Vietnamese legal persons and natural persons hold controlling and majority shares (for joint-stock companies) or hold controlling equity stakes (for other types of businesses);

- The domestic production cost of the product accounts for at least 20% of the total production cost of the product; or the production activity of the product creates stable employment for at least 50 Vietnamese workers, including R&D staff, quality control personnel, engineers, and direct production workers;

- The product is manufactured according to ISO 9001:2000 or ISO 9001:2008 quality management procedures;

- The product has been announced as conforming to Vietnamese Technical Standards (TCVN) or Vietnamese Technical Regulations (QCVN);

- The product must clearly list warranty responsibilities and conditions; guarantee quality as initially registered; have a system for warranty, maintenance, and provision of necessary services for the product convenient for users.

2. Software products

a) Product List:

- Document management and workflow software;

- Electronic library software;

- School administration software;

- Hospital administration software;

- Accounting and payroll software;

- Human resources management software;

- Antivirus software (including those integrated with Internet security features);

- Vietnamese-foreign language dictionary software.

b) Determination Criteria: The software products listed in point a of Clause 2 of this Article must simultaneously meet the following criteria:

- The product has been packaged and registered with a trademark and copyright in Vietnam; complies with laws on intellectual property rights and information technology application standards in state agencies;

- The product is manufactured in Vietnam by a business entity where Vietnamese legal persons and natural persons hold controlling and majority shares (for joint-stock companies) or hold controlling equity stakes (for other types of businesses);

- The domestic production cost of the product accounts for at least 30% of the total production cost of the product; or the product is produced by a domestic enterprise employing at least 30 software workers (including R&D staff, quality control personnel, engineers, and programmers).

- The product must clearly list warranty responsibilities and conditions; guarantee quality as initially registered; have a system for warranty, maintenance, and provision of necessary services for the product convenient for users.

Article 3. Provisions on investment and procurement of information technology products

1. The main units responsible for investment and procurement of information technology products listed in point a of Clause 1 or point a of Clause 2 of Article 2 of this Circular must prioritize selecting products that meet the corresponding criteria set out in point b of Clause 1 or point b of Clause 2 of Article 2 of this Circular.

2. In cases where information technology products required for investment and procurement fall within the scope defined in Article 2 of this Circular but due to special requirements can only be met by imported products, the main units responsible for investment and procurement must prepare a justification report and follow the procedures for review and approval as stipulated in Article 4 of this Circular.

Article 4. Procedure for Appraisal and Approval of Investment and Procurement of Imported Products

Clause 1. The leading unit for investment and procurement shall prepare a detailed explanatory dossier on the necessity to invest in and procure imported products, submit it to the competent authority for approval of investment and procurement, and request comments from the specialized agency (the specialized unit responsible for information technology for central agencies; the Department of Information and Communications for localities).

2. The documents include:

- Technical specification documentation;

- Documentation proving that domestic-manufactured information technology products listed in Article 2 of this Circular do not meet the specific technical requirements;

- Other related documents.

Clause 3. Within ten working days from the date of receipt of a valid explanatory dossier, the specialized agency must send a reply letter to the competent authority for appraisal and approval and the leading unit for investment and procurement, clearly stating the specialized opinion on the proposal to invest in and procure imported products.

Clause 4. The head of the competent authority for approval of investment and procurement shall base their decision on the opinions of the specialized agency and the explanatory dossier of the leading unit for investment and procurement, and bear responsibility for their decision.

Article 5. Implementation Provisions

Clause 1. This Circular takes effect from February 15, 2010, and replaces Circular No. 02/2007/TT-BBCVT dated August 2, 2007, issued by the Ministry of Posts and Telecommunications.

Clause 2. During implementation, if any issues arise or difficulties occur, relevant agencies, units, and organizations shall promptly report them to the Ministry of Information and Communications for consideration and resolution./.