Decree No. 82/2024/ND-CP Amending and Supplementing Certain Provisions of Decree No. 73/2019/ND-CP dated September 5, 2019 of the Government on Management of Investment in Application of Information Technology Using State Budget Funds

DECREE

Amending and supplementing certain Articles of Decree No. 73/2019/NĐ-CP
dated September 5, 2019 of the Government on management of investment in information technology applications using state budget funds
application of information technology using state budget funds

_________

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Local Administration Organization dated June 19, 2015,
Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Law on Information Technology dated June 29, 2006;
Pursuant to the Law on Electronic Transactions dated June 22, 2023;
Pursuant to the Law on Bidding dated June 23, 2023
Pursuant to the Law on Public Investment dated June 13, 2019;
Pursuant to the State Budget Law dated June 25, 2015;
At the proposal of the Minister of Information and Communications;
The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 73/2019/NĐ-CP dated September 5, 2019 of the Government on management of investment in information technology applications using state budget funds

Article 1. Amending and supplementing certain Articles of Decree No. 73/2019/NĐ-CP dated September 5, 2019 of the Government on management of investment in information technology applications using state budget funds

1. Amend and supplement Article 1 as follows:

"Article 1. Scope of Regulation

1. This Decree stipulates the management of the following information technology application activities:

a) Investment projects applying information technology using development expenditure from state budget funds;

b) Information technology application activities using regular expenditure from state budget funds.

2. For investment projects applying information technology using mixed sources of funding where state budget funds account for 30% or more or constitute the largest portion of the total project investment, the provisions of this Decree shall apply.

3. For information technology application activities specified in Clause 1 of this Article of agencies representing Vietnam abroad, implementation shall be carried out according to specific regulations of the Government based on proposals and recommendations of the agencies with projects, taking into account the special nature of the projects and the laws of the host country.

4. For investment projects applying information technology implemented under public-private partnership, the provisions of the law on public-private partnership shall apply.

2. Amending and supplementing some clauses of Article 3 as follows:

a) To amend and supplement Clause 3 as follows:

"3. Market-available information technology services are services provided immediately upon demand without having to place orders for design, construction, development, upgrade, or expansion; they have been described in terms of functions, features, technical specifications, and technology on the electronic portal or website of organizations or individuals or other mass media."

b) Amend and supplement Clause 4 as follows:

"4. Non-market-available information technology services are services provided according to specific requirements to meet the special needs of agencies or units. Accordingly, agencies or units hire organizations or individuals to build information systems, hardware, software, databases to meet their special needs; after completing the system or part of the system, the organizations or individuals provide management and operation services to the hiring agencies or units for a certain period."

c) Amending and supplementing Clause 5 as follows:

"5. An information technology application investment project is a set of related activities involving research, capital investment for purchasing hardware, software, databases; building, upgrading, expanding information systems, hardware, software, databases to develop, maintain, and improve product quality and operational efficiency within a certain period. In the preparatory stage, an information technology application investment project is reflected through a pre-feasibility study report, an investment policy proposal report, a feasibility study report, or an economic-technical report."

d) Amend and supplement Clause 11 as follows:

"11. Software development and production involve customizing and manufacturing software to meet the requirements of organizations or users or for commercial purposes on the market. Software development and production are carried out in a production environment, also known as a development environment."

d) Amend and supplement Clause 13 as follows:

"13. Internal software is software designed, built, developed, upgraded, or expanded according to specific requirements of organizations or users to meet their special needs. Developing, upgrading, or expanding internal software is an activity of purchasing information technology equipment."

e) Amend and supplement Clause 14 as follows:

"14. Commercial software is ready-made software available immediately upon demand without having to place orders for design, construction, development, upgrade, or expansion; it has been described in terms of functions, technical features, and technology on the electronic portal or website of organizations or individuals or other mass media."

g) Amend and supplement Clause 19 as follows:

"19. Basic design includes documents expressed through descriptions and preliminary design diagrams of information systems, hardware, software, databases, and other contents ensuring the representation of the design plan. Basic design may include one or more information technology application investment projects."

h) Supplement Clause 24 as follows:

"24. Investing in information systems, hardware, software, databases involves self-execution or hiring organizations or individuals to design, construct, develop, upgrade, or expand to establish and form systems for the purpose of creating, providing, transmitting, collecting, processing, storing, and exchanging information."

i) Supplement Clause 25 as follows:

"25. Information technology equipment includes hardware, software, databases, and other digital devices used to produce, transmit, collect, process, store, and exchange digital information."

k) Supplement Clause 26 as follows:

"26. Database construction includes one or more of the following tasks: constructing, upgrading, or expanding databases; establishing databases; standardizing and converting data for database creation; entering data."

l) Supplement Clause 27 as follows:

"27. Popular software is software that many ministries, central agencies, localities require to invest in, purchase, or lease similar information technology services nationwide or within a sector, specialty, or field."

3. Amend and supplement Article 4 as follows:

"Article 4. Implementing the legal provisions on preferential policies for domestic investment, leasing, and procurement of information technology products and services, and legal provisions on special information technology products and services, digital technologies"

1. Activities applying information technology within the scope regulated by this Decree must prioritize investment, leasing, and purchasing domestic-produced information technology products and services, in accordance with the provisions of law on information technology products and services, and special digital technologies.

2. The Ministry of Information and Communications shall issue detailed criteria to determine and announce lists of domestic-produced information technology products and services that are prioritized for investment, leasing, and purchasing; lists of open-source software commonly used that meet the requirements for use in state agencies; and lists of enterprises whose products meet the prioritization criteria for investment, leasing, and purchasing. For specialized software products, the Ministry of Information and Communications shall coordinate and unify with the relevant sectoral ministry before issuing such lists.

3. The Ministry of Information and Communications shall take the lead and coordinate with the Ministry of National Defense, the Ministry of Public Security, and related agencies to issue, or submit to competent authorities for issuance, detailed criteria and lists of special information technology products and services, and digital technologies in compliance with laws on information technology, digital technologies, and relevant sectoral laws.

4. Amend and supplement Clause 2 Article 5 as follows:

2. Building national databases, databases of ministries, central agencies, and localities must ensure connectivity, interoperability, and data sharing in accordance with regulations.

5. Supplement Article 5a following Article 5 as follows:

Article 5a. Announcing Lists of Common Software

1. Ministries and central agencies shall be responsible for reviewing, establishing, and announcing lists and basic functions and technical features of common industry and specialized software.

2. The Ministry of Information and Communications shall be responsible for reviewing, establishing, and announcing lists and basic functions and technical features of nationally common software.

3. Investment, procurement, and leasing of information technology services for common software (including modifications and additions to some functions, features, and performance) shall be carried out according to the procedures and formalities for investing in and procuring commercial software and leasing existing information technology services on the market.

For modifications and additions to some functions, features, and performance of common software (if any), the budget for modifications and additions shall be determined based on quotations from suppliers and manufacturers.

4. Organizations and individuals providing common software shall be responsible for publishing on their own electronic information websites or portals, or providing information to the Ministry of Information and Communications to publish products of common software (software names and supply prices) that meet the basic functions and technical features of software announced by ministries, central agencies, and the Ministry of Information and Communications as stipulated in Clause 1 and Clause 2 of this Article.

Organizations and individuals providing common software shall be responsible for the accuracy and completeness of the information about the common software products they provide.

6. Amend and supplement Article 6 as follows:

Article 6. Managing Information Technology Application Investment Projects in Accordance with Their Nature and Funding Sources

1. For information technology application investment projects funded by state budget development funds, they shall be implemented in accordance with laws on public investment and the provisions of this Decree.

2. Testing Products Not Yet Available on the Market

a) In cases where projects involve products not yet available on the market, if necessary, the investor shall consider and report to the competent authority to select organizations and individuals to research, propose solutions and technical plans; develop and test products. These organizations and individuals shall bear all resulting costs (if any). After successful testing, once technical solutions and costs have been determined, the investor shall proceed with investment procedures as prescribed;

b) The competent authority referred to in point a of this clause is the authority deciding on project investment in accordance with public investment laws;

c) The testing process shall include at least the following steps: Identifying products not yet available on the market; Reporting to the competent authority specified in point b of this clause to allow selection of organizations and individuals to conduct testing; Selecting organizations and individuals to conduct testing (The investor directly sends participation requests to organizations and individuals capable of conducting testing, or publicly announces the need to find organizations and individuals to participate in research, development, and testing on their agency's or unit's electronic portal or website, or on the portal or website of the supervising agency for interested organizations and individuals to know and propose participation; Based on the list of organizations and individuals proposing participation, the investor reviews and selects one or more organizations and individuals to participate in product testing); Organizations and individuals researching, proposing technical solutions and plans; developing and testing products; Reporting testing results.

3. For information technology application investment projects involving telecommunication construction works, construction projects, and other fields, cost management and quality control of these components shall be carried out in accordance with laws on telecommunication construction, construction, and related sectors.

For projects in other fields involving information technology applications, cost management and quality control of these information technology application components shall be carried out in accordance with the provisions of this Decree.

4. In cases where a project includes multiple component projects or sub-projects, if each component project or sub-project can operate independently, be exploited, or implemented according to phased investment as recorded in the investment policy, each component project or sub-project may be immediately implemented from the investment preparation stage (excluding the establishment, review, and decision-making stages of the investment policy) as an independent information technology application investment project.

Component projects or sub-projects belonging to which group shall follow the procedures and formalities for project establishment, review, and approval of that group.

7. Supplement Article 8a following Article 8 as follows:

Article 8a. Establishing, Reviewing, and Approving Levels of Information System Security

The procedures for establishing, reviewing, and approving the security level of information systems in investment projects implementing information technology shall be carried out in accordance with the provisions of laws on cybersecurity.

8. Amend and supplement Clause 3 of Article 9 as follows:

"3. Encourage the application of hybrid tender packages for projects involving construction, development, upgrading, and expansion of internal software, including component projects and sub-projects (if any). Depending on the nature and scale of the project, the competent authority responsible for investment decisions shall consider and decide on the appropriate implementation form and bear legal responsibility for the effectiveness of the project.

In cases where a hybrid tender package is applied, the implementation of the project shall be carried out according to the agreement of the parties in the contract.

9. Amend and supplement Article 10 as follows:

"Article 10. Design Steps

1. The design process can be conducted in one or two steps:

a) A single-step design is detailed design;

b) A two-step design includes basic design and detailed design.

2. Single-step design is applicable to procurement projects for spare parts, replacement of existing hardware systems; procurement of equipment that does not require installation; procurement of commercial software; procurement of hardware, software, and databases not included in the activities specified in Clause 24, Article 3 of this Decree, except when the competent authority responsible for investment decisions deems it necessary and requires a two-step design, excluding national key projects.

3. For projects investing in information systems, hardware, software, and databases as specified in Clause 24, Article 3 of this Decree, the competent authority responsible for investment decisions shall determine whether a single-step or two-step design should be implemented to ensure effective project management, excluding national key projects.

4. In the case of a single-step design, the detailed design and economic-technical report budget are prepared during the investment preparation phase instead of the basic design and total investment cost of the feasibility study report.

In the case of a two-step design, the detailed design must comply with the approved basic design regarding the overall model, logical model, and physical model of the system or its components (if any).

10. Amend and supplement Clause 2 of Article 12 as follows:

"2. The preliminary feasibility study report and the proposal for investment project approval shall be carried out in accordance with the Law on Public Investment. The preliminary determination of the total investment cost in the content of the preliminary feasibility study report and the proposal for investment project approval shall be conducted using comparison methods, expert methods, quotation, or a combination of these methods, or based on approved strategies, plans, programs, and projects.

The Minister of Information and Communications shall provide detailed guidance on the methods for determining the preliminary total investment cost.

11. Amend and supplement Clause 2 of Article 16 as follows:

"2. The content of the feasibility study report for the project shall be carried out in accordance with the Law on Public Investment, and for projects investing in information technology, the following contents must be clearly explained:

a) Evaluation of compliance with the Government Electronic Architecture Framework, Digital Government Framework, or departmental digital architecture framework, provincial digital architecture framework;

b) Analysis and selection of technical solutions, including analysis and selection of solutions ensuring connectivity, interoperability, and data sharing with related information systems, hardware, software, and databases; requirements for IPv6 readiness or upgrade solutions to ensure IPv6 readiness if there are relevant activities on the Internet environment; analysis and selection of technical solutions ensuring cybersecurity;

c) Basic design of the selected solution."

12. Amend and supplement some points and clauses of Article 17 as follows:

a) Amend and supplement point a, Clause 1 as follows:

"a) Must comply with the Government Electronic Architecture Framework, Digital Government Framework, or departmental digital architecture framework, provincial digital architecture framework;"

b) Amend and supplement point b of Clause 1 as follows:

"b) Must comply with technical standards and regulations; must ensure compliance with regulations on data management, connection, and sharing within state agencies (if any); "

c) Amend and supplement Clause 2 as follows:

"2. Main Content of Basic Design

a) Description section:

- Description of project requirements;

- List of applied technical standards and regulations;

- Description of the overall model, logical model, and physical model of the system or its components (if any), presenting the main investment items of the project according to the chosen solution to demonstrate internal and external connections, transmission paths (if any), and basic technical parameter calculations, quantity of equipment;

- Preliminary volume of construction works, equipment, and technical requirements; preliminary volume of training, usage guidance, management, operation, and other related tasks;

- Description of technical requirements for internal software as stipulated in Article 18 of this Decree;

- Description of cybersecurity requirements for the project.

b) Preliminary diagram section:

- Documentation on current infrastructure conditions and other conditions; preliminary diagrams of construction and installation (for network construction and IT equipment installation and accessories);

- Preliminary diagrams showing connections and interoperability with related information systems, hardware, software, and databases.

c) Main content of basic design for items or procurement projects for spare parts, replacement of existing hardware systems; procurement of equipment that does not require installation; procurement of commercial software; procurement of hardware, software, and databases not included in the activities specified in Clause 24, Article 3 of this Decree, including:

- List of hardware and commercial software equipment and technical requirements for the equipment;

- Statistics on the volume of hardware and commercial software equipment.

13. Amend and supplement some points and clauses of Article 19 as follows:

a) Amend and supplement Point b as follows:

"b) Equipment costs:

- Costs for purchasing information technology equipment: Equipment that must be installed and set up, equipment that does not need to be installed and set up, auxiliary equipment and peripheral devices, commercial software and accompanying support services (as required by the manufacturer), internal software and other equipment; transportation costs, insurance for equipment; taxes and related fees;

- Costs for establishing databases; standardization, conversion for data entry, establishment of databases; implementation of data entry for databases;

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

- Costs for training on usage guidance; training costs for administrative staff managing and operating the system (if applicable);

- Costs for deployment, support, management, and operation of products or project components before final acceptance and handover of the entire project product (if applicable).

b) Amend and supplement Point d as follows:

"d) Investment consulting costs: Survey costs; preparation of feasibility study reports, investment proposal reports, feasibility study reports, or economic-technical reports; investigation and research for preparing feasibility study reports, investment proposal reports, feasibility study reports, or economic-technical reports, selection of solutions; review of feasibility study reports, investment proposal reports, feasibility study reports, or economic-technical reports; detailed design preparation, adjustment, and supplementation; budget preparation; budget adjustment; detailed design and budget review; overall plan preparation for selecting contractors for the project, preparation of request documents, prequalification invitation documents, tender invitation documents, and costs for analyzing and evaluating proposal documents, prequalification documents, tender documents to select contractors; determination of norms and unit prices; material and equipment quality inspection; product quality evaluation; capital investment conversion; monitoring of implementation work; other consulting tasks;"

c) Amend and supplement point đ as follows:

"e) Other costs: Fees and charges; insurance (excluding equipment insurance costs specified in point b of this clause); testing or trial operation; auditing; review and approval of final settlement of investment capital; installation and leasing of transmission lines; costs for leasing information technology services to serve activities during the project implementation process; cost of valuation assessment and other costs."

d) Amend and supplement point e as follows:

"e) Contingency costs: Contingency costs for price escalation during the project implementation period, contingency costs for additional volume and contingency costs for provisional sums (if any).

In cases where the project is implemented across multiple locations or abroad, the costs specified in points a, b, c, d, and e of this clause shall include additional costs for relocating equipment and labor force.

The costs specified in points a, b, c, d, and e of this clause, if there are no regulations on norms or cannot be calculated immediately, may be temporarily estimated and included in the total investment amount."

d) Amend and supplement Clause 4 as follows:

"4. The total investment amount is determined according to one of the following methods:

a) Calculated based on the basic design of the feasibility study report, including: Construction and installation costs are calculated based on the main quantities from the basic design, other quantities are estimated and market prices for materials, equipment, and services are applied; equipment costs are calculated based on the quantity and type of equipment suitable for the IT application solution, market prices for equipment, and other relevant factors (if any); costs for developing, upgrading, expanding internal software are determined using comparison methods, expert methods, cost calculation methods, quotations, or a combination thereof; project management costs, investment consulting costs, and other costs are determined by preparing budgets or temporarily estimating them as a percentage (%) of the total construction and installation costs and equipment costs; contingency costs are determined according to the provisions of Clause 5 of this Article.

For software modified, supplemented, or developed, upgraded, expanded based on commercial software, open-source software, digital platforms, frameworks, etc., or developed based on artificial intelligence (AI), blockchain, virtual reality/augmented reality (VR/AR), etc., the costs for modifying, supplementing, or developing, upgrading, expanding software are determined using comparison methods, expert methods, cost calculation methods, quotations, or a combination thereof. Costs for commercial software, digital platforms, frameworks, etc., are determined according to the equipment cost determination method specified herein;

b) Based on data from similar projects that have been completed with comparable economic-technical indicators. When applying this method, the data from similar projects must be converted to the time of feasibility study report preparation and adjust undetermined cost items in the total investment amount accordingly;

c) Combining the methods prescribed in points a and b of this clause;

d) The Minister of Information and Communications shall provide detailed guidelines on the methods for determining the total investment amount."

14. Add Article 19a after Article 19 as follows:

"Article 19a. Authority, procedures, documents, content of review, and decision-making for investment projects applying information technology

1. Authority, procedures, documents, content of review, and decision-making for investment projects applying information technology, including information technology investment projects implemented under the economic-technical report procedure, shall comply with the laws on public investment.

2. In cases where the investor hires organizations or individuals with the necessary capacity and experience to review feasibility study reports or economic-technical reports, the review content includes part or all of the project review content as stipulated by the laws on public investment and the content prescribed in Clause 3 of Article 21 or Clause 3 of Article 22 of this Decree.

For national key projects, the review of feasibility study reports shall be carried out in accordance with the laws on national key projects."

15. Amend and supplement Article 20 as follows:

"Article 20. Authority, procedures for reviewing the basic design of the project"

1. The Ministry of Information and Communications shall review the basic design for national key projects, Group A projects, except for investment projects to purchase spare parts, replace hardware equipment in existing information systems; purchase equipment that does not require installation; purchase commercial software.

2. Specialized units under provincial People's Committees responsible for information technology shall review the basic design for projects decided on investment by the respective level Chairmen of People's Committees, except for projects whose basic design falls within the review authority of the Ministry of Information and Communications.

3. Specialized units under the competent authority deciding on investment shall review the basic design, except for projects whose basic design falls within the review authority of the Ministry of Information and Communications or within the review authority stipulated in Clause 2 of this Article.

4. In cases where the unit reviewing the basic design is also the project investor, such a unit shall establish a review board to review the basic design or the competent authority deciding on investment may entrust another specialized unit to conduct the review.

5. The review board or the specialized agency managing investment shall be responsible for reviewing the project according to the provisions of the Public Investment Law (hereinafter referred to collectively as the organization leading the review).

a) Sending the basic design dossier to seek opinions or submitting it to the competent authority deciding on investment to seek opinions from the authorized reviewing units as stipulated in Clauses 1, 2, and 3 of this Article (except in cases where the investor is simultaneously the unit reviewing the basic design).

b) Seeking opinions or submitting the dossier to the competent authority deciding on investment to seek opinions from related agencies and units for project review (if necessary).

16. Amend and supplement Article 21 as follows:

"Article 21. Dossier and Content of Basic Design Review

1. The dossier sent by the organization leading the review to seek opinions on the basic design includes:

a) Report on survey results;

b) Basic design;

c) Relevant legal documents and other materials. The number of dossiers is one set.

2. The time limit for reviewing the basic design starts from the date when all valid dossiers are received: Not exceeding twenty days for national key projects, Group A projects; not exceeding fifteen days for Group B projects; not exceeding ten days for Group C projects.

3. Content of basic design review:

a) Compliance of the components and specifications of the basic design with legal regulations, including: basic design description, basic design diagrams, survey documents, and other relevant documents as prescribed by law;

b) Compliance with the Government Electronic Architecture Framework, Digital Government Framework, or departmental digital architecture framework, or provincial digital architecture framework;

c) Appropriateness of the selected technical solutions, technologies, and equipment;

d) Compliance of the basic design with technical standards and basic requirements regarding functions and technical features;

đ) Appropriateness of the basic design in terms of connectivity, interoperability, and data sharing with related information systems, hardware, software, and databases;

e) Other contents in the basic design."

17. Amend and supplement Article 22 as follows:

"Article 22. Authority, Procedure, and Content of Detailed Design Review for Information Technology Application Investment Projects Implemented in the Form of Economic and Technical Reports

1. The main contents of the economic and technical report include:

a) Evaluation of compliance with the Government Electronic Architecture Framework, Digital Government Framework, or departmental digital architecture framework, provincial digital architecture framework;

b) Analysis and selection of technical solutions, including analysis and selection of solutions ensuring connectivity, interoperability, and data sharing with related information systems, hardware, software, and databases; requirements for IPv6 readiness or upgrade solutions to ensure IPv6 readiness if there are relevant activities on the Internet environment; analysis and selection of technical solutions ensuring cybersecurity;

c) Detailed design dossier and budget estimate as prescribed in Articles 27 and 28 of this Decree;

d) Other contents of the economic and technical report as specified in the feasibility study report under the Public Investment Law.

2. Authority, procedure for detailed design review for information technology application investment projects implemented in the form of economic and technical reports

a) The review board or the specialized agency managing investment shall be responsible for reviewing the project according to the provisions of the Public Investment Law (hereinafter referred to as the organization leading the review): sending the detailed design dossier to seek opinions or submitting it to the competent authority deciding on investment to seek opinions from the authorized reviewing units as stipulated in points b, c, d, đ of this clause; seeking opinions from related agencies and units for project review (if necessary);

b) The Ministry of Information and Communications shall review the detailed design for Group A projects, except for investment projects to purchase spare parts, replace hardware equipment in existing information systems; purchase equipment that does not require installation; purchase commercial software;

c) Specialized units under provincial People's Committees responsible for information technology shall review the detailed design for projects decided on investment by the respective level Chairmen of People's Committees, except for projects whose detailed design falls within the review authority of the Ministry of Information and Communications;

d) Specialized units under the competent authority deciding on investment shall review the detailed design, except for projects whose detailed design falls within the review authority of the Ministry of Information and Communications or within the review authority stipulated in point c of this clause;

đ) In cases where the unit reviewing the detailed design is also the project investor, such a unit shall establish a review board to review or the competent authority deciding on investment may entrust another specialized unit to conduct the detailed design review;

e) Units reviewing the detailed design as stipulated in points b, c, d, and đ of this clause shall be responsible for sending their opinions on the detailed design review to the organization leading the review for consolidation of opinions during the project review process.

3. Content of detailed design and budget estimate review:

a) Appropriateness of the selected technical solutions, technologies, and equipment;

b) Appropriateness of the detailed design in terms of connectivity, interoperability, and data sharing with related information systems, hardware, software, and databases;

c) Other contents of detailed design review as prescribed in Clause 1 of Article 29 of this Decree;

d) Content of budget estimate review as prescribed in Clause 2 of Article 29 of this Decree."

18. Supplement Clause 6 of Article 26 as follows:

"6. Detailed design requirements

a) Must comply with the Government Electronic Architecture Framework, Digital Government Architecture Framework, or sectoral digital architecture framework, or provincial digital architecture framework;

b) Must comply with technical standards and applicable standards; must ensure compliance with regulations on data management, connection, and sharing within state agencies (if applicable);

c) Must be consistent with the approved basic design, except for projects implemented under the economic-technical report method;

d) Must reflect technical parameters, functions, and features;

đ) Must ensure the determination of the budget estimate."

19. Amend and supplement some points of Clause 1, Article 27 as follows:

a) Amend and supplement Point b as follows:

"b) For items or projects purchasing spare parts, replacing hardware equipment belonging to existing information systems, purchasing equipment that does not require installation; purchasing commercial software; purchasing hardware, software, and databases not included in the activities stipulated in Clause 24, Article 3 of this Decree, the main contents of detailed design include:

- List of hardware and commercial software equipment and technical requirements for the equipment;

- Statistics on the volume of hardware and commercial software equipment.

b) Supplement point đ as follows:

"đ) Information security assurance plan for the project."

20. Amend and supplement some points and clauses of Article 28 as follows:

a) Amend and supplement point a, Clause 1 as follows:

"a) The budget estimate is part of the detailed design dossier; the approved detailed budget estimate for the investment item serves as the basis for determining the tender package budget for direct award or self-execution cases and works carried out without contracts;"

b) Amend and supplement Clause 2 as follows:

"The budget estimate includes costs: construction and installation costs, equipment costs, project management costs, investment consulting costs, other costs, and contingency costs.

a) Construction and installation costs:

Construction and installation costs are determined by preparing a budget estimate based on norms and methods for establishing norms according to the guidelines of the Ministry of Information and Communications and relevant regulations.

b) Equipment costs are determined based on the quantity and type of equipment to be purchased and market prices. Costs for developing, upgrading, and expanding internal software are determined using comparison methods, expert methods, cost calculation methods, quotations, or a combination of these methods. Installation, setup, database creation, training, and usage guidance costs; transportation and insurance costs for equipment; deployment, support, management, and operation costs for products or project work before final acceptance (if applicable) and other related costs (if applicable) are determined by preparing a budget estimate.

For software modified, supplemented, or developed, upgraded, expanded based on commercial software, open-source software, digital platforms, frameworks, etc., or developed based on artificial intelligence (AI), blockchain, virtual reality/augmented reality (VR/AR), etc., the costs for modifying, supplementing, or developing, upgrading, expanding software are determined using comparison methods, expert methods, cost calculation methods, quotations, or a combination thereof. Costs for commercial software, digital platforms, frameworks, etc., are determined according to the equipment cost determination method specified herein;

c) Project management costs and investment consulting costs are determined based on cost norms or by preparing a budget estimate;

d) Other costs include costs not specified in points a, b, and c of this clause and are determined by preparing a budget estimate or according to cost norms;

đ) Contingency costs for additional work volume are calculated as a percentage (%) of the total costs specified in points a, b, c, and d of this clause. Contingency costs for price escalation factors are calculated based on the duration of the project's investment period."

c) Amending and supplementing Clause 3 as follows:

"The application of methods for determining budget estimates, establishing norms, and unit prices during each period and cost management shall be implemented according to announcements and guidelines issued by the Ministry of Information and Communications."

d) Amending and supplementing Clause 4 as follows:

"4. The Minister of Information and Communications shall guide the determination of labor unit prices in investment cost management for information technology applications based on market labor prices."

21. Add point g to Clause 1, Article 29 as follows:

"g) Other contents in the detailed design."

22. Amend and supplement Clause 3, Article 30 as follows:

"3. For projects implemented under the economic-technical report method, if changes to the detailed design do not alter the scale, investment objectives, and do not exceed the approved budget estimate by the competent authority, the investor may adjust the detailed design independently; in all other cases, the investor must submit the adjusted content for review and approval by the competent authority."

23. Amend and supplement Article 32 as follows:

"Article 32. Implementation work and supervision of implementation work

1. The investor shall implement or engage organizations or individuals to purchase information technology equipment; construct, upgrade, and expand information systems, hardware, software, and databases; carry out construction and installation work for information systems, hardware, software installation, material and equipment calibration.

2. The contractor implementing the project shall establish a quality management system suitable for the scale if requested by the investor; maintain a log of implementation work.

3. Projects undergoing construction and installation of information systems, hardware, commercial software installation, material and equipment calibration must be subject to implementation work supervision.

4. The investor shall implement or engage organizations or individuals to supervise implementation work.

5. The Minister of Information and Communications shall specify the contents of implementation work, supervision of implementation work, and final acceptance."

24. Amend and supplement Clause 3, Article 35 as follows:

"3. The investor must send to the authorized unit as prescribed in point b of this clause the completion report of the project product or work item along with the completed product or work item dossier for monitoring.

a) Deadline: within 10 days (for projects with basic designs not subject to review by the Ministry of Information and Communications) or within 20 days (for projects with basic designs subject to review by the Ministry of Information and Communications) from the date of final acceptance and commissioning of the project product or work item into operation and being accepted and signed off by the parties involved in the final acceptance;

b) The authorized unit is specifically defined as follows:

- For projects with basic designs subject to review by the Ministry of Information and Communications, the investor sends to the Ministry of Information and Communications;"

- For projects decided to be invested in by the Chairperson of People's Committees at all levels, the investor shall submit to the specialized unit on information technology directly under the provincial People's Committee, except for projects within the responsibility of the Ministry of Information and Communications for preliminary design review;

- For other projects, the investor shall submit to the specialized unit on information technology with the authority to review the preliminary design as stipulated in Clause 3, Article 20 of this Decree, except for projects within the responsibility of the Ministry of Information and Communications for preliminary design review.

25. Supplement Point c of Clause 1, Article 38 as follows:

"c) The warranty period specified in Points a and b of this Clause does not include the manufacturer's warranty period for each piece of information technology equipment, the extended warranty period for each piece of information technology equipment (extended warranty, if any)."

26. Amend and supplement Article 40 as follows:

"Article 40. Management, operation, and maintenance of project products

1. Project products must be managed, operated, and maintained regularly and continuously immediately after handover and put into use.

2. Responsibilities of agencies and units entrusted with managing and using project products:

a) Organize the management, operation, and maintenance of project products;

b) Determine management, operation, and maintenance costs by preparing a budget estimate or based on the quotation from service providers;

c) Bear legal responsibility for the deterioration or malfunction of project products due to non-compliance with management, operation, and maintenance regulations;

d) Submit to competent authorities for balancing and allocating funds for the management, operation, and maintenance of project products;

đ) Fulfill other responsibilities and obligations as prescribed by laws on the management and use of state assets and related laws;

3. Management, operation, and maintenance of systems that are project products as defined in Clause 24, Article 3 of this Decree are special tasks guaranteed from the regular budget of the State budget.

4. The Minister of Information and Communications shall guide the content and methods for determining management, operation, and maintenance costs."

27. Amend and supplement Clause 6, Article 45 as follows:

"6. Supervise the implementation work according to regulations and other consulting tasks."

28. Amend and supplement Article 51 as follows:

"Article 51. Management of Implementation of Activities Using Regular Budget Funds for Information Technology Application

1. For activities using regular budget funds as follows, after being allocated according to the provisions of Clause 5 of this Article, procurement and use of funds shall be carried out in accordance with the laws on the State budget, laws on bidding, laws on the management and use of state assets, and relevant laws:

a) Procurement of spare parts and replacement of hardware devices belonging to existing information systems; procurement of devices that do not require installation; procurement of commercial software (including updates of commercial software licenses);

b) Extension of warranty (extended warranty); maintenance, repair of information systems, hardware, software; management, operation, leasing of management, technical support for information systems; cybersecurity services; network security services;

c) Establishment of databases; standardization, conversion to facilitate data entry and database establishment; implementation of data entry for databases; maintaining database systems; ensuring continuous provision of information and online public services on the internet;

d) Leasing of available information technology services on the market. The lease price (based on the unit price of each service used or the unit price of the output product of the service) is determined based on the quotation from the service provider or manufacturer at the time of leasing;

đ) Information technology application activities using regular budget funds to immediately address or promptly handle consequences caused by natural disasters, fires, or the execution of tasks to resolve incidents as required by the National Assembly, Government, Prime Minister, or operational requirements stipulated in regulatory documents; Information technology application activities using regular budget funds not included in the activities defined in Clause 24, Article 3 of this Decree.

e)For activities investing in information systems, hardware, software, databases as defined in Clause 24, Article 3 of this Decree

2. using regular budget funds(hereinafter referred to as the project ), after being allocated according to the provisions of Clause 5 of this Article, shall be implemented in accordance with Article 51a of this Decree.3. For activities leasing information technology services not available on the market, after being allocated according to the provisions of Clause 5 of this Article, shall be implemented in accordance with Article 52 of this Decree.

4. Authority to decide on investment and procurement of information technology application activities stipulated in Clauses 2 and 3 of this Article

a) The Minister, Head of Central Agencies

decides or specifies the authority to decide on investment and procurement of information technology application activities using regular budget funds from the State budget within their jurisdiction;b) The Provincial People's Council decides or specifies the authority to decide on investment and procurement of information technology application activities using regular budget funds from the State budget within their jurisdiction.

5. Procedures and formalities for preparing budgets, allocating regular budget funds, and settling accounts for implementing information technology application activities stipulated in Clauses 1, 2, and 3 of this Article shall be carried out in accordance with the laws on the State budget regarding

preparation of budgets, allocation of regular budget funds from the State budget, laws on payment and settlement of regular budget funds from the State budgetand relevant laws. 6. Selection of contractors, negotiation, and signing of contracts in information technology application activities stipulated in Clauses 1, 2, and 3 of this Article shall be carried out in accordance with the laws on bidding and relevant laws.

6. The selection of contractors, negotiation, and signing of contracts in the activities of applying information technology as stipulated in Clauses 1, 2, and 3 of this Article shall be carried out in accordance with the laws on bidding and related laws.”

29. Add Article 51a after Article 51 as follows:

"Article 51a. Management of implementation of information system investment activities, hardware, software, database using regular budget funds

1. Projects shall be classified according to the provisions of Article 7 of this Decree.

2. The investor shall be determined according to the provisions of Clause 1, Article 8 of this Decree.

3. The procedures for investment, cost management, quality management shall be carried out according to the provisions of Clause 2, 3 of Article 6, Article 8a and Section 2 Chapter II of this Decree, except for the following contents:

a) Not required to prepare, review, and approve the investment proposal according to the provisions of Point a, Clause 1, Article 11 and Article 12 of this Decree;

b) The investor shall consider and decide on conducting surveys. In cases where surveys are conducted, organizations conducting surveys shall comply with the provisions of Chapter II of this Decree;

c) Investment decision-making authority, authority, and procedures for project review according to the provisions of Clause 4 of this Article;

d) Main contents of the basic design according to the provisions of Clause 6 of this Article;

đ) Main contents of the detailed design according to the provisions of Clause 7 of this Article.

4. Investment decision-making authority, authority, and procedures for project review

a) The investment decision-making authority shall be carried out according to the provisions of Clause 4, Article 51 of this Decree.

The competent authority deciding on investment shall establish a Review Board or entrust specialized agencies under the competent authority managing state finance and budget to organize the review of the project (hereinafter referred to collectively as the organization responsible for review);

b) The organization responsible for reviewing the project shall have the responsibility to submit the basic design dossier, detailed design dossier of the project implemented in the form of an economic-technical report for comments or submit to the competent authority deciding on investment for comments on the basic design and detailed design from the competent authority specified in Clause 5 of this Article (except in cases where the investor is also the entity reviewing the basic design and detailed design); seek opinions from relevant agencies and units to review the project (if necessary).

The entity reviewing the basic design and detailed design specified in Clause 5 of this Article shall have the responsibility to send the review opinions on the basic design and detailed design to the organization responsible for reviewing the project for consolidation when implementing the project review.

5. Authority to review the basic design and detailed design (in cases implemented in the form of an economic-technical report)

a) The Ministry of Information and Communications shall review the basic design for national key projects; the basic design and detailed design for Group A projects;

b) The specialized unit on information technology directly under the People's Committee at the provincial level shall review the basic design and detailed design for projects decided on investment by the Chairpersons of the People's Committees at all levels, except for projects whose basic design and detailed design fall within the review authority of the Ministry of Information and Communications;

c) The specialized unit on information technology directly under the competent authority deciding on investment shall review the basic design and detailed design, except for projects whose basic design and detailed design fall within the review authority of the Ministry of Information and Communications or within the review authority specified in Point b of this Clause;

d) In cases where the entity reviewing the basic design and detailed design is simultaneously the investor, the entity reviewing the basic design and detailed design shall establish a review board to review the basic design and detailed design or the competent authority deciding on investment may entrust another specialized unit to review the basic design and detailed design.

6. Main contents of the basic design

a) Requirements for the basic design according to the provisions of Clause 1, Article 17 of this Decree;

b) Main contents of the basic design according to the provisions of Point a, b, Clause 2, Article 17 of this Decree.

7. Main contents of the detailed design

a) Requirements for the detailed design according to the provisions of Clause 6, Article 26 of this Decree;

b) Main contents of the detailed design according to the provisions of Point a, c, d, đ, Clause 1, Article 27 of this Decree."

30. Amend and supplement Article 52 as follows:

"Article 52. Management of implementation of activities to lease information technology services using regular budget funds from state budget capital

1. For activities to lease existing information technology services on the market, they shall be carried out according to the provisions of Point d, Clause 1, Article 51 of this Decree.

2. For activities to lease information technology services not available on the market (hereinafter referred to as customized services), the planning and implementation of leasing information technology services shall be carried out according to the provisions of Articles 53, 54, 55, 56, 57, 58 of this Decree.

3. Testing of information technology services not available on the market

a) In cases where information technology services are not available on the market, if necessary, the agency or unit leasing the service shall consider and report to the competent authority to select organizations and individuals to research, propose technical solutions and technological plans; build and test the service. These organizations and individuals shall bear all incidental costs (if any). After successful testing, once the technical solution and technology, costs are determined, the agency or unit leasing the service shall proceed with the procedures for leasing information technology services according to regulations;

b) The competent authority specified in Point a of this Clause is the competent authority deciding on investment and procurement as stipulated in Clause 4, Article 51 of this Decree;

c) The testing process shall include at least the following steps: Identifying services not yet available on the market; Reporting to the competent authority specified in point b of this clause for permission to select organizations or individuals to conduct the test; Selecting organizations or individuals to conduct the test (the agency or unit renting the service directly sends a request to participate to organizations or individuals capable of conducting the test or publicly announces the need to find organizations or individuals participating in research, construction, and testing on its own electronic information portal or that of the supervising agency for interested organizations or individuals to be aware and propose participation; Based on the list of organizations or individuals proposing to participate, the agency or unit renting the service reviews and selects one or more organizations or individuals to participate in testing the information technology service); Organizations or individuals researching, proposing technical solutions and technological plans; constructing and testing the service; Reporting the results of the test.

4. Information and data formed during the rental of information technology services belong to the agency or unit renting the service. The service provider is responsible for ensuring information security and transferring all information and data to the agency or unit renting the service upon completion of the information technology service rental contract.

5. The rental contract for information technology services shall be implemented in accordance with the provisions of the law on bidding and related laws.

The Minister of Information and Communications shall guide the specific contents of the rental contract for information technology services according to special requirements.

6. The rental activity of information technology services must be explained in terms of selecting the form of rental of information technology services or investment and procurement as the basis for the competent authority to decide on investment and procurement implementation. The criteria include:

a) Procedures and formalities for implementation (procedures and formalities for renting information technology services; investment and procurement);

b) Scope and scale of implementation;

c) Resources including financial plan effectiveness evaluation, capital allocation capability, source of funds; human resources deployment;

d) Degree of technological change, functional and non-functional requirements of the system;

đ) System integration, connection, and interoperability capability;

e) System upgrade and expansion capability;

g) Maintenance, management, and operation capability;

h) Implementation time (time for renting information technology services; time for implementing investment and procurement, including preparation, review, and approval of project planning, procurement activities, and rental service plans);

i) Ownership rights after the end of the rental period (assets, information, data, etc.).

Agencies or units may supplement additional criteria suitable for their information technology service rental activities (if any).

7. The procedures for establishing, reviewing, and approving the level of information system security in the rental of information technology services shall be carried out in accordance with the provisions of the law on cybersecurity.

31. Amend and supplement Article 53 as follows:

"Article 53. Competent Authority's Review and Approval of Special Rental Plan

1. The authority to approve a special rental plan (hereinafter referred to as the rental plan) is the competent authority deciding on investment and procurement as stipulated in Clause 4, Article 51 of this Decree.

2. The rental plan must be reviewed before approval.

a) The competent authority approving the rental plan shall establish a Review Board or entrust a specialized agency under the competent authority to conduct the review of the rental plan before approval (hereinafter referred to as the review entity);

b) The review entity is responsible for soliciting opinions or submitting the rental plan to the competent authority for approval to seek opinions from units with expertise in information technology regarding the suitability of the content prescribed in point c, Clause 2, Article 54 of this Decree;

c) In cases where the budget-using unit entrusted with the task of renting services (hereinafter referred to as the main renter) hires organizations or individuals with capacity and experience to review the rental plan, the review content includes part or all of the content prescribed in Clause 3, Article 56 of this Decree."

32. Amend and supplement some points and clauses of Article 54 as follows:

a) Amend and supplement Point đ Clause 2 as follows:

"đ) Rental duration and progress, development, and formation time of the service. The rental duration must be sufficient (at least one year but not exceeding eight years) to ensure the stability, continuity, and efficiency of service exploitation and use; cases with rental duration less than one year must be approved by the competent authority for the rental plan."

b) Supplement Clause 3 as follows:

"3. The Minister of Information and Communications shall guide the determination of quality requirements for information technology services."

33. Amend and supplement some points of Clause 2, Article 55 as follows:

a) Amend point a as follows:

"a) The rental service cost is determined by one of the following methods: Comparative method; expert method; quotation method; cost calculation method; combination of methods."

b) Amend and supplement Point c as follows:

"c) The Minister of Information and Communications shall provide detailed guidance on the methods for determining the rental service cost according to special requirements."

34. Amend and supplement Article 56 as follows:

"Article 56. Review and Approval of the Rental Plan

1. Documents for submission to the review:

a) Request for review of the rental plan;

b) Rental plan;

c) Other relevant documents.

The number of documents is three sets.

2. Time limit for reviewing the rental plan

a) The time limit for reviewing the rental plan shall not exceed thirty days from the date the review entity receives complete and valid documents and does not include the time for supplementing and completing the documents. The review time includes the time for the review entity to solicit opinions according to point b, Clause 2, Article 53 of this Decree and Clause 4 of this Article. The time for the unit with expertise in information technology to provide opinions according to point b, Clause 2, Article 53 of this Decree shall not exceed fifteen days.

b) If it is necessary to request additional supplementation or explanation of the content of the rental plan, within three working days from the date of receipt of the documents, the review entity shall issue a document requesting the main renter to supplement or explain.

3. Content of the rental plan review

a) The appropriateness of the contents in the rental plan prescribed in Article 54 of this Decree;

b) The completeness, reasonableness, and suitability with practical requirements of the cost items in the budget for service rental.

4. During the review process, depending on the complexity of each task and the nature of the expenditure, the reviewing entity may seek opinions or submit to the competent authority for approval of the service rental plan through written consultation or organize advisory meetings to gather opinions from relevant agencies, and seek expert opinions from organizations and individuals with expertise.

5. The document containing the results of the review serves as the basis for the examination and approval of the rental plan.

6. The dossier submitted by the reviewing entity to the competent authority for approval of the rental plan includes:

a) The proposal for approval of the rental plan;

b) The draft Decision approving the rental plan;

c) The completed rental plan according to the review comments;

d) The document containing the results of the rental plan review;

đ) Opinions of related agencies and units (if any);

e) Relevant legal documents and other related files.

7. The time limit for approving the rental plan shall not exceed ten days from the date the competent authority receives a complete and valid dossier for the rental plan approval.

35. Amend and supplement some points and clauses of Article 57 as follows:

a) Amend and supplement point a, Clause 1 as follows:

"a) In case of new requirements arising regarding the quality and quantity of services needed to be rented; changes in the rental period."

b) Amend point d clause 1 as follows:

"d) When the planning, strategy, program, plan, project is adjusted or changed by the competent authority, affecting the scope, content, scale, and objectives of the rental plan as stipulated in legal normative documents directly impacting the rental plan."

36. Amend and supplement the name of Chapter IV as follows:

"Chapter IV

 DUTIES AND RESPONSIBILITIES OF ORGANIZATIONS, ENTITIES, AND INDIVIDUALS IN THE ACTIVITY OF INVESTING IN THE APPLICATION OF INFORMATION TECHNOLOGY USING STATE BUDGET FUNDS" INVESTMENT ACTIVITIES FOR THE APPLICATION OF INFORMATION TECHNOLOGYUSING STATE BUDGET FUNDS"

37. Amend and supplement some clauses of Article 59 as follows:

a) Amend and supplement Clause 7 as follows:

"7. To take the lead and coordinate with relevant agencies to promulgate technical standards, economic-technical norms, and technical regulations for the application of information technology."

b) Supplement clause 7a following clause 7 as follows:

"7a. To build, operate, and maintain a management platform for investment in the application of information technology."

c) Supplement clause 7b following clause 7a as follows:

"7b. To take the lead and coordinate with the Ministry of Planning and Investment and the Ministry of Finance to guide the contents of expenditures for activities of investing in the application of information technology."

d) Supplement clause 7c following clause 7b as follows:

"7c. To provide training and capacity building on the management of investment in the application of information technology for civil servants, public officials, and employees in state agencies."

38. Supplement Article 59a following Article 59 as follows:

"Article 59a. Responsibilities of the Ministry of Finance

1. To guide ministries, central agencies, and localities to balance and ensure regular funding from the state budget to implement information technology application activities as prescribed in Article 40 and Chapter III of this Decree (including activities lasting more than one fiscal year).

2. To take the lead in submitting to the competent authority for issuance or issuing guidelines within its authority regarding payment and settlement of information technology application activities using regular budget funds."

39. Amend and supplement clauses of Article 60 as follows:

a) Supplement clause 5 as follows:

"5. To promulgate, guide, inspect, and supervise the implementation of technical standards, economic-technical norms, and special industry-specific unit prices for the application of information technology in the sectors and localities under the management of ministries, central agencies, and localities."

b) Supplement Clause 6 as follows:

"6. To allocate and ensure regular funding from the state budget to implement information technology application activities as prescribed in Article 40 and Chapter III of this Decree (including activities lasting more than one fiscal year)."

40. Supplement Article 61a following Article 61 as follows:

"Article 61a. Responsibilities of the reviewing agency, organization, and council

1. To conduct reviews independently and objectively.

2. To request the project owner and the entity submitting for review to provide complete documentation and explain the reviewed content (if necessary).

3. To keep confidential information and documents during the review process.

4. To provide information and documents upon request of the competent authority, inspection agencies, and other state management agencies as prescribed.

5. To bear responsibility before the law and the competent authority for the review results and assigned tasks as stipulated herein.

6. To fulfill other responsibilities as prescribed in this Decree and other relevant laws."

41. Supplement Article 61b following Article 61a as follows:

"Article 61b. Responsibilities of organizations and individuals participating in the activity of investing in the application of information technology

1. To request the project owner and the tenderer to provide information and documents related to the performance of tasks within the scope of the contract signed between the parties.

2. To perform tasks ensuring quality and quantity as stipulated in the contract signed between the parties and relevant laws.
3. To be responsible for the results of their participation in the activity of investing in the application of information technology as prescribed by law."

42. Supplement appendices to this Decree as follows:

a) Appendix IA - Sample report on the review of basic design;

b) Appendix IB - Sample report on the review of detailed design (applicable in cases of one-step design);

c) Appendix IC - Sample report on the review of projects;

d) Appendix V - Sample report on the review of service rental plans for information technology.

Article 2. Replacing, abolishing, and supplementing certain terms, phrases, points, clauses, and articles of Decree No. 73/2019/NĐ-CP dated September 5, 2019 of the Government on management of investment in application of information technology using state budget funds.

1. Replacing and abolishing the following phrases:

a) Replacing and abolishing the phrase "Information Technology Application Project" with the phrase "Investment Project for Information Technology Application" in Clause 1, Article 5, the name of Chapter II, Clause 1, Article 8;

b) Replacing and abolishing the phrase "Vietnamese Government Digital Architecture Framework, Ministry-level Government Digital Architecture, or Provincial Government Digital Architecture" with the phrase "Government Digital Architecture Framework, Government Digital Platform, or Ministry-level or Provincial Digital Architecture Framework" in Article 5, Clause 2, Article 26, Clause 1, Article 29;

c) Replacing and abolishing the phrase "person with authority" with the phrase "authority level" in Clause 2, Article 9, Clause 3, Article 11, Clause 2, Article 30, Clause 4, Article 31, Clause 6, Article 35, Clause 1, Article 42, Clause 1, Article 44;

d) Replacing and abolishing the phrase "project to prepare economic-technical report" with the phrase "implemented in the form of economic-technical report" in Clause 3, Article 19;

đ) Replacing and abolishing the phrase "equipment cost" with the phrase "cost of equipment" in Appendix I, Appendix II.

2. Abolishing the following clauses and articles:

a) Abolishing Clause 5, Article 28;

b) Abolishing Section 3 of Chapter II including Articles 46, 47, 48, 49, and 50.

Article 3. Effectiveness and transitional provisions

1. Effective date

a) This Decree takes effect from the date of issuance;

b) The provisions at Clause 3, Article 5a of this Decree take effect when the ministry or central agency publishes the list and basic functions and technical features of national common software, industry-specific common software, and field-specific common software;

c) For the provisions requiring compliance with the Government Digital Architecture Framework, Government Digital Platform, or Ministry-level or Provincial Digital Architecture Framework set forth in this Decree, in cases where the Government has not issued regulations on the National Digital Architecture Framework at the time this Decree takes effect, agencies and units with investment projects for information technology application, and activities related to information technology application shall continue to comply with the Vietnamese Government Digital Architecture Framework, Ministry-level Government Digital Architecture, or Provincial Government Digital Architecture.

2. Transitional Provisions

Investment projects for information technology application and activities related to information technology application approved before the effective date of this Decree shall proceed according to the management regulations for investment in information technology application in force at the time of approval.

The Head of the Ministry’s Office, Heads of Departments, Director of the Vietnam Registration Agency, Heads of agencies, units, and individuals related to this Circular shall be responsible for its enforcement.

1. The Minister, Head of a ministerial-level agency, Head of a government agency, Head of another central agency, Chairman of the People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree.

2. During the implementation of the contents of this Decree, if there are difficulties or obstacles, agencies, organizations, and individuals need to promptly reflect them to the Ministry of Information and Communications for guidance or to compile reports for submission to the authority level.