Decision No. 80/2014/QĐ-TTg on piloting the leasing of information technology services in state agencies

Pursuant to …;

 Article 24concerning the pilot implementation of leasing information technology services

 in state agencies

______________

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

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

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

Pursuant to the Law on Public Investment dated June 18, 2014;

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

Implementing Resolution No. 47/NQ-CP dated July 8, 2014 of the Government's regular meeting in June 2014;

At the proposal of the Minister of Information and Communications,

The Prime Minister issues this Decision to provide for the pilot implementation of leasing information technology services in state agencies.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Decision provides for leasing information technology services in state agencies using public funds from operating expenses, investment development funds, and other lawful state capital sources.

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

a) State agencies, public service organizations, public science and technology organizations, units under the people's armed forces, political organizations, political-social organizations, occupational-political-social organizations, social organizations, and occupational-social organizations (hereinafter collectively referred to as state agencies) that use state capital to lease information technology services;

b) Enterprises, organizations, and individuals participating in providing information technology services to state agencies (hereinafter referred to as service providers).

Article 2. Selection of forms for implementing information technology application activities in state agencies

1. List of information technology application activities in state agencies:

a) Information technology application activities of state agencies include: Email systems; document management and administrative operation systems; specialized software systems; video conferencing systems; comprehensive information management systems; network-based document exchange systems; data updating, storage, processing, and database exploitation activities; other information technology application activities used within state agencies;

b) Information technology application activities serving citizens and businesses include: One-stop electronic services; electronic portals and websites; online administrative service delivery systems; infrastructure management and monitoring systems; customer query, support, and care systems through networks; other information technology application activities serving citizens and businesses;

c) Activities related to information technology infrastructure such as provision of technical equipment, servers, workstations, peripheral devices; provision of internal network infrastructure, wide area network infrastructure, internet access, and connection to public service systems; provision of database systems, data centers, cloud computing systems;

d) Survey, installation, warranty, maintenance, upgrade, training, transfer, consulting on information technology; deployment, management, maintenance, operation, system integration, and interconnection of information systems;

đ) Security and confidentiality assurance activities such as provision of security systems, equipment, and solutions; unauthorized access prevention, firewall solutions; virus, spyware, and sabotage prevention; security testing, evaluation, and monitoring activities; emergency response and security incident resolution activities;

e) Other information technology application activities.

2. Based on actual needs, conditions, mobilization of maximum resources and private sector investment for information technology application work, and explanation of the effectiveness between leasing services and investing, constructing, and operating information technology applications, the competent state agency shall decide to select either the service leasing form or investment, procurement, and construction forms to implement the information technology application activities specified in Clause 1 of this Article, prioritizing the selection of the service leasing form.

Article 3. Authority in Hiring Information Technology Services

1. The Minister, Head of Ministries equivalent to a Ministry, Head of Government agencies, Chairpersons of People's Committees at all levels shall decide or authorize the heads of subordinate agencies and units (hereinafter referred to collectively as the Competent Authority) to hire information technology services using state budget funds within their managed agencies and units.

2. The Competent Authority as defined in Clause 1 of this Article shall decide on the main unit responsible for signing contracts and organizing the implementation of hiring information technology services (hereinafter referred to as the Main Service Hiring Unit).

Article 4. Principles for Hiring Information Technology Services in State Agencies

Hiring information technology services in state agencies shall be carried out according to the following principles:

1. Enhancing the effectiveness of information technology application in state agencies, reducing investment from the state budget. Where feasible, continue to exploit existing technical infrastructure, information systems, software, hardware, information, and data.

Consider applying centralized service hiring models within Ministries, provinces, centrally governed cities for similar nature and features of information technology services that multiple agencies and units have a need to use.

2. Information and data formed during the process of hiring services and custom-made software for service provision (if any) are assets owned by the service hirer. The service provider has the responsibility to transfer all information, data, source code of the aforementioned custom-made software and necessary tools upon contract completion to ensure continuous service utilization by state agencies even in cases of service provider change.

3. Ensuring quality requirements for services, technology, and service delivery procedures; continuity, connectivity, integration, and synchronization of information technology applications within each ministry, sector, province, centrally governed city, and nationwide.

4. Ensuring security, confidentiality, and privacy of information and data of state agencies; complying with legal provisions on information security, cryptographic security, and the Ordinance on Protecting State Secrets.

5. Prioritizing businesses and organizations where Vietnamese legal entities and individuals hold controlling and majority shareholding rights (for joint-stock companies) or controlling equity stakes (for other types of enterprises) to participate in providing information technology services in state agencies.

In cases where international treaties to which Vietnam is a party provide different provisions, such provisions shall be implemented in accordance with those treaties.

Article 5. Principles for Allocation and Utilization of Funds for Hiring Information Technology Services in State Agencies

1. Funds for hiring information technology services in state agencies shall be sourced from operational expenditure budgets, development investment expenditure budgets, and other lawful state capital sources.

2. For cases where information technology services are hired using operational expenditure budgets, the service hiring funds are allocated for non-recurring tasks not subject to self-management regimes of state agencies. The Main Service Hiring Unit shall prepare plans in accordance with the guidance provided in Article 7 of this Decision and the Law on State Budget.

3. For cases where information technology services are hired using development investment expenditure budgets, the Main Service Hiring Unit shall prepare projects in accordance with the guidance provided in Article 7 of this Decision and legal regulations on public investment.

Chapter II

ESTABLISHING AND APPROVING PLANS, PROJECTS

 FOR HIRING INFORMATION TECHNOLOGY SERVICES

Article 6. Preparation of Budget for Hiring Information Technology Services

1. The content of the budget for hiring information technology services includes:

a) Costs for hiring information technology services: Determined based on the number of service packages to be hired, the scale and scope of use of each service, and the average market rental price. The preparation of the budget and determination of the package price shall be carried out based on at least one of the following documents:

- Prices provided by at least three different service providers. In cases where there are not enough three service providers, seek the price appraisal opinion from agencies or organizations with the function and responsibility for price appraisal;

- Price appraisal results (if any) of agencies or organizations with the function and responsibility for price appraisal according to the provisions of the law;

- Market prices at the time of preparing the budget, referred to from official information published by service providers on the Internet;

- Similar service package prices in the nearest past period.

b) Investment costs for upgrading and improving technical infrastructure suitable for hiring information technology services.

c) Management costs for implementing the plan and project of hiring services.

d) Consulting costs including: Consulting on planning and project hiring services; bidding consulting (if applicable); supervisory consulting during implementation and other consulting costs (if applicable).

đ) Other costs include those related to hiring that are not specified in Points a, b, c, and d of this Clause, determined by obtaining market quotations, preparing budgets, or referring to cost standards.

e) Contingency costs for additional work volume are calculated as a percentage (%) of the total costs specified in Points a, b, c, d, and đ of this Clause. Contingency costs for price escalation are calculated based on the duration of the service rental and usage period.

2. Adjustment of the budget

a) Cases for adjusting the budget:

- When there is a requirement for increased quality or quantity of services needed, leading to higher service rental costs;

- Due to the service provider's proposal in case of service price escalation;

- When another provider offers a lower price by 10% or more for the same type of service with equivalent quality;

- Emergence of force majeure factors: Earthquake, typhoon, flood, storm surge, landslide, tsunami; war or the threat of war, or other force majeure events directly affecting service provision;

- When the program or plan for applying information technology is adjusted by the competent authority, directly impacting the scope, scale, and objectives of the service hiring plan or project.

b) Authority to adjust the budget:

- The main organizer of the service hiring shall prepare the adjusted budget to submit to the authorized person for approval decision. In cases where the cost structure in the budget is changed but does not exceed the approved budget, including contingency costs, the main organizer of the service hiring can organize adjustments to the items of the plan or project themselves;

- Depending on the specific conditions of the plan or project, the main organizer of the service hiring may prepare the adjusted budget themselves or hire organizations or individuals with sufficient capacity to prepare the adjusted budget;

- The content of the adjusted budget shall be decided by the main organizer of the service hiring or the authorized person to hire services as part of the Plan or Service Hiring Project.

Article 7. Establishment and Approval of Plans and Projects for Hiring Information Technology Services

1. The main organizer shall hire services to establish plans and projects for hiring information technology services and submit them to the Competent Authority for review and approval.

2. The basis for establishing plans and projects for hiring information technology services within state agencies includes:

a) Legal basis;

b) A description of the purpose, requirements, and service rental needs;

c) Financial sources (estimated budget limit).

3. The plan for hiring information technology services includes: Description of the Plan and Budget Estimate.

a) Content of the plan description:

- Current status, necessity, and objectives of hiring information technology services;

- Identification of the main organizer for hiring services; key items requiring service hiring; scale, scope, timeframe for hiring services, and major milestones; location and using agency or unit;

- Division of tender packages and service packages (hereinafter referred to as tender packages), contents of each tender package, and service hiring timeframes. For frequently used information technology services, the service hiring period must be sufficiently long (at least 3 to 5 years) to ensure stability, continuity, and effectiveness in the operation of state agencies;

- Determination of service quality requirements, implementation methods, conditions for providing services; clarification on software rental and ownership of information and data; analysis of information, data, software, assets formed during the service provision process, and management and transfer plans to the lessee;

- Determination of professional capacity, financial, technical, technological, experience, and other requirements for service providers; security and data protection requirements; other requirements to ensure principles for hiring information technology services in state agencies.

b) Budget Estimate: The budget estimate is established based on the contents of the plan, items, and tender packages in the plan, and the provisions for preparing the budget estimate under Article 6 of this Decision.

4. The project for hiring information technology services includes: Project Report; Total Budget Estimate and Survey, Investigation, Research Analysis Report (if applicable).

a) Contents of the Project Report:

The project report includes the contents stipulated in Point a Clause 3 of this Article, in addition to the following:

- Results of surveys, investigations, current status analyses, and actual requirements;

- Design of the deployment model for service provision and usage; determination of requirements, conditions, infrastructure for readiness to hire services: Conditions for supplying materials, equipment, techniques, technologies, fire prevention, explosion protection, ensuring information security, safe operation, national defense, security; business procedures for hiring services;

- Preliminary total capital of the project (for the entire service hiring timeframe of the project), determination of funding sources for implementing the project, analysis of financial needs according to progress and financial capability. Repayment plan (for projects with capital recovery requirements);

- Determination of project management, supervision, and implementation forms; relationships and responsibilities of related agencies and units.

b) Total Project Budget Estimate: The total project budget estimate is established based on the contents of the project, items, and tender packages in the project, and the provisions for preparing the budget estimate under Article 6 of this Decision.

5. The Competent Authority approving the plan and project for hiring information technology services decides on the review of the plan and project contents, or seeks advisory opinions from peer specialized agencies as a basis for approving the plan and project.

Article 8. Budget allocation for leasing information technology services

Based on the approved plans and projects for leasing information technology services by the competent authority, the entity leasing the service or budget units shall prepare the budget for implementation costs, consolidate them into their own budget estimates, and submit to the financial and investment planning agencies for review and decision-making by the competent authority in accordance with the State Budget Law.

Article 9. Selection of service providers and implementation of provision of information technology services for state agencies

The selection of service providers and the implementation of provision of information technology services for state agencies shall be carried out in accordance with the provisions of this Decision, current laws on bidding, and other relevant legal regulations.

For contents not specifically provided for in this Decision or in the law on bidding, they shall be applied according to the "Regulations on Bidding, Ordering, and Assigning Tasks for Providing Public Services Funded by the State Budget" or the guidelines of the Ministry of Finance on asset procurement.

Article 10. Contracts for providing information technology services

1. The contract shall be executed in writing.

2. The content of the contract shall be agreed upon by the parties, consistent with the provisions of the Contract Law, the Bidding Law, and the tender documents, ensuring compliance with principles of leasing information technology services within state agencies and detailed requirements for leased information technology services, including:

a) The scale, scope, timeframe, and contract price for leasing information technology services;

b) Technical specifications of the output of information technology services; quality standards and performance indicators for the services; requirements and conditions for connectivity and interoperability with other applications and information systems that the service provider must meet;

c) Regulations on the form and method of service quality evaluation; monitoring and evaluation methods for contract performance;

d) Requirements and procedures for transferring data and assets generated during the lease period to the lessee or to another service provider at the lessee's request upon expiration of the contract;

đ) Requirements for security, information security; protection of user information and other related requirements for leasing information technology services;

e) Clearly defining services subject to user fees or commercialization of databases arising from the application of information technology under the contract (if any), agreements on profit-sharing principles and related costs among the parties;

g) Rights and obligations of each contracting party; time and principles of payment and settlement of the contract; other contents agreed upon by the contracting parties;

h) Conditions, mechanisms, and circumstances for adjusting the lease service price in accordance with Clause 2, Article 6 of this Decision.

Article 11. Supervision and evaluation of leasing information technology services activities in state agencies

1. Leasing information technology services activities in state agencies are subject to supervision, monitoring, inspection, and periodic technical assessment to determine the level of achievement compared to the lessee's requirements, conducted by authorized professional agencies or requested reports, to ensure that leasing information technology services achieves effectiveness and aligns with the objectives, programs, and plans for applying and developing information technology in state agencies.

2. Leasing information technology services activities using state budget funds are subject to periodic supervision and evaluation of the results of budget utilization in accordance with the State Budget Law. Periodic supervision and evaluation reports must be prepared and submitted by the service lessee to competent agencies managing the source of funds as follows:

- A six-month report, no later than July 15 of the plan year;

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

- A final report, no later than three months after the end of the service lease contract.

Chapter III

IMPLEMENTATION

Article 12. Responsibilities of State Agencies Hiring Information Technology Services

1. The person authorized to decide on hiring information technology services shall be responsible for the effectiveness of such service hiring at agencies and units under their management.

2. The principal party hiring the service shall be responsible for organizing the planning and implementation of service hiring projects, including organizing the preparation and submission for review and approval of plans and projects, organizing the selection of service providers, signing, managing, supervising the execution of contracts, using services effectively, and performing other responsibilities as prescribed.

Article 13. Responsibilities of Ministries, Sectors, and Localities

1. Ministries, sectors, and People's Committees of provinces and centrally governed cities have the responsibility to:

a) Direct subordinate agencies and units to actively implement service hiring in activities applying information technology to serve administrative management, specialized operations, and public service provision within state agencies. Prioritize budget allocation for the task of hiring information technology services in the regular activities of subordinate agencies and units;

b) Aggregate the demand for hiring information technology services in the annual regular budget estimate, five-year medium-term investment development budget estimate, and annually according to the provisions of the State Budget Law;

c) Publicize widely on their official websites the contents of information regarding plans and projects for hiring information technology services;

d) Timely reflect difficulties and obstacles encountered during the pilot implementation to the Ministry of Information and Communications;

2. The Ministry of Information and Communications shall be responsible for:

a) Take the lead and coordinate with the Ministry of Finance and the Ministry of Planning and Investment to guide the implementation and monitor the situation of this Decision;

b) Aggregate and report to the Prime Minister on the results of evaluating the hiring of information technology services in state agencies after one year of implementation and regularly thereafter; promptly propose solutions to address difficulties and obstacles encountered during the implementation process.

3. The Ministry of Finance shall take the lead in aggregating the demand and estimating the state budget funds for the activity of hiring information technology services in state agencies annually, reporting to the Prime Minister for decision-making to assign to ministries, sectors, and localities for implementation.

4. The Ministry of Planning and Investment shall be responsible for:

a) Taking the lead in aggregating the capital investment needs for information technology service hiring activities in state agencies according to the five-year medium-term plan period, annually reporting to the Prime Minister for decision-making to assign to ministries, sectors, and localities for implementation;

b) Ensuring sufficient funding allocation throughout the duration of the service provision contract to ensure stable, continuous, and effective operation of information technology application in state agencies.

Article 14. Effective Date

1. This Decision takes effect from February 15, 2015.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees, and Heads of agencies, units, and organizations related to the hiring of information technology services in state agencies are responsible for implementing this Decision.

3. During the pilot implementation period, if there are issues arising that require handling differently from current laws, the Ministry of Information and Communications shall take the lead and coordinate with relevant agencies to report to the Prime Minister for consideration and decision./.