Decision No. 90/2002/QD-BNN on the issuance of temporary regulations for the selection, transfer, and use of application software in calculation, planning, surveying, design, construction, and operation management of irrigation works.

DECISION OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Regarding the issuance of Interim Regulations on the selection, transfer, and use of application software for calculation, planning, surveying, design, construction, and operation management of irrigation works.

MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT TRIỂN ||| RURAL AREA

Pursuant to the Government Decree No. 73/CP dated November 1, 1995 on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development,

Pursuant to the Government Resolution No. 07/2000/NQ-CP dated June 5, 2000 on the construction and development of software technology for the period 2000-2005, considering the requirements of quality management throughout the sector;

Based on the proposal of the Director of the Science, Technology and Product Quality Department, and the Director of the Basic Construction Investment Department,

ON - Office of the President of the StateArticleMINISTER

Article 1. NOW ISSUES HEREBY WITH THIS DECISION THE INTERIM REGULATIONS ON:

"SELECTION, TRANSFER, AND USE OF APPLICATION SOFTWARE FOR CALCULATION, PLANNING, SURVEYING, DESIGN, CONSTRUCTION, AND OPERATION MANAGEMENT OF IRRIGATION WORKS."

Article 2. These regulations shall take effect fifteen days from the date of signature.

Article 3. The Heads of the Ministry's Office, the Director of the Science, Technology and Product Quality Department,

The Director of the Basic Construction Investment Department, and the Heads of related units are responsible for implementing this Decision./.

 

REGULATIONS Interim Regulations on Selection, Transfer, and Use of Application Software

for Calculation, Planning, Surveying, Design, Construction, and Operation Management of Irrigation Works

(ANNEXED TO DECISION number 90/2002/QD-BNN

dated October 9, 2002 issued by the Ministry Ministry of Science and Technology Circular guiding the Ministry's Regulation on Organization and Operation of agricultural cooperatives

 

PART I

GENERAL PROVISIONS

Article 1.Scope of application:

These regulations stipulate the selection, transfer, and use of application software for calculation, planning, surveying, design, construction, and operation management of irrigation works within the agriculture and rural development sector.

Application software in other fields within the agriculture and rural development sector may apply these regulations.

Chapter II

STANDARDS FOR SOFTWARE SELECTION

Article 2.Application software is divided into two groups:

Group A: Standardized software used throughout the sector.

Group B: Encouraged software used throughout the sector.

Article 3.Source of software:

Legally sourced software includes the following origins:

Software developed by units/persons inside and outside the sector for their daily operations and considered as commercial products of enterprises.

Software purchased with legitimate copyright from abroad or free software.

Software developed under the support of authorized bodies.

Products of research and experimental topics.

Article 4.Evaluation criteria for software:

1. Software must ensure accuracy. Calculation results should not significantly differ from those of similar software that have been verified or from commonly used classical calculation methods. Each software must have at least three sample calculation examples corresponding to different cases.

2. Compliance with formulas and calculation methods prescribed in current national and sectoral standards, procedures, and regulations.

3. Software must run on the Windows operating system or equivalent. User interface must be logical, easy to use, and convenient. The user interface language of the software must be Vietnamese (or English). If it is Vietnamese, the code must comply with the current Vietnamese standard. If the software runs on a network, it must conform to Microsoft's network standards.

4. Software must not infringe upon the copyright of units/persons both domestically and internationally.

Article 5.Conditions for software to be considered and used in the industry:

Software to be widely issued and used in the industry must have its origin as prescribed in Article 3, and fully meet the standards set out in Article 4.

If two or more software programs solve the same problem, priority will be given to software from entities/persons within the industry or software linked between entities within the industry and entities/persons outside the industry.

Article 6.Group A software criteria: These are software programs that meet the criteria outlined in Articles 3 and 4 and are recognized by the Ministry as standardized for full industry use.

Article 7. Group B software criteria: These are software programs that meet the criteria outlined in Articles 3 and 4 but have limited problem-solving capabilities compared to Group A software of the same type; or software purchased from abroad.

Article 8. Number of Group A and B software programs: For each problem, there can be a maximum of two Group A software programs. The number of Group B software programs solving the same problem is not limited.

Chapter III

PROCEDURE FOR CONSIDERING AND SELECTING SOFTWARE

Article 9.Organization of review:

Review at the Expert Team.

Review at the Selection Committee.

Review and report to the Ministry at state management agencies.

Article 10Steps for evaluating software:

1. Entities and individuals register software with the Ministry through the Department of Science and Technology and Product Quality.

2. The Expert Team (as stipulated in Article 20) conducts examination and testing of each software program according to the following procedures:

Eliminate software that does not meet the criteria set forth in Articles 4 and 5.

Conduct testing according to the contents of Articles 4 and 5. Trial calculations or hiring consulting companies for re-testing may be allowed.

Submit to the Committee for review.

3. Selection Committee:

Recheck the testing results of the Expert Team.

Re-review the software (if necessary).

Propose the scope of application and categorize software according to Article 3.

Prepare a record of the software review.

4. State management units: The Department of Science and Technology and Product Quality, together with the Department of Investment and Basic Construction, are responsible for reporting the review process and results, drafting necessary documents to submit to the Ministry for approval.

Model Decision as in Appendix 1.

Chapter IV

TRANSFER OF SOFTWARE

Article 11. Conditions for transferring software include:

Software in installation (Install or Setup) format and accompanying documentation. Documentation includes user guides and technical explanations of the software.

Decision of the Ministry allowing the issuance of software throughout the industry (Group A software) or encouraging its use (Group B software).

Contract between the transferring party and the receiving party for software transfer.

Certificate of software usage rights for the recipient. The model of the certificate is in Appendix 2.

Article 12.Responsibilities and benefits of the transferring party:

a) Responsibilities:

Sign a software transfer contract with the user.

Provide comprehensive and detailed training on software usage when installing it for the user entity.

Have contact information available to address questions about transferred software requested by users.

Offer free bug fixes for transferred software if users discover errors. Warranty the product for the user entity for at least 12 months from the date of transfer.

Apply for a software usage rights certificate for the user.

b) Benefits:

Receive transfer fees as stipulated in the signed contract.

Receive financial support from scientific research funds.

Article 13.Responsibilities and benefits of the user:

a) Responsibilities:

Sign a software transfer contract with the transferring party.

At least two people must be trained and proficient in operating the transferred software.

Comply with national copyright regulations. Do not sell or transfer the software to other entities, only use it for the entity's work.

b) Benefits:

Use the software according to the signed contract.

Earn points when participating in tendering for advisory projects of the Ministry of Agriculture and Rural Development.

Have the right to request the author to correct software errors but only participate and provide comments on the scope and calculation capability of the software.

Article 14.Responsibilities of state management agencies:

Create a favorable environment for entities to transfer and use software.

Issue a software usage rights certificate when the following conditions are met:

Software transfer contract.

Payment invoice (copy).

Recommendation of the transferring party.

Article 15.Development and transfer funding for software:

The Department of Science and Technology and Product Quality, in consultation with relevant units, will establish regulations on software development funding and the transfer funding framework for each Group A software.

Chapter V

USE OF SOFTWARE

Article 16. Regulations on using software Group A.

When using Group A software, only input data (Input) need to be reviewed without re-examining the software's computation. Such software is considered a production tool asset of the user entity and earns points when bidding for advisory projects of the Ministry of Agriculture and Rural Development.

Article 17. Regulations on using Group B software: Group B software is used as reference material. Such software does not earn points when bidding for advisory projects.

Article 18.Legal provisions for software when submitting advisory documents:

In the advisory submission to the project owner, entities must clearly state the origin and copyright of the software used.

Article 19. Copyright ownership regulations when using software:

Any entity or individual violating copyright will be held legally responsible. If Group A or B software is used to create advisory products without proving their legality, such submissions will be considered non-compliant, including design documents and tender submissions.

Chapter VI

IMPLEMENTATION

Article 20.Provisions for the Expert Team reviewing software:

The Expert Team reviewing software is led by a representative of the Department of Science and Technology and Product Quality, and members are designated to include experts both within and outside the industry with experience in the specialized field addressed by the software and information technology.

An Expert Team may review one or multiple software programs.

Article 21.Provisions for the Review Committee: The Software Review Committee is chaired by a leader, with the Deputy Chair being a leader from the Department of Science and Technology and Product Quality, and members include experts from the following units:

Department of Science and Technology and Product Quality.

Department of Investment and Basic Construction.

Permanent Office of the Ministry's Information Technology Steering Committee.

Bureau of Industry Management and Water Conservancy Projects.

Bureau of Flood Control and Dyke Management.

Hydroelectric Consulting Company 1 (HECI).

University of Water Resources.

Institute of Water Resources Science and representatives of other units designated by the Council Chairman.

TheChairman (or Vice-Chairman when authorized) shall preside over meetings of theSoftware Appraisal Council.

Article 22.Announcing the list of software groups A and B:

Annually, the Software Appraisal Council will review the currently circulating software in groups A and B, and consider newly registered software for appraisal. If there is better software, it will replace group A and the replaced software will move to group B.

Forsoftware that replaces software in group A, it must be improved and expanded in terms of problem-solving capabilities and user interface. Priority should be given to software that is compatible with the replaced software (able to read its data files).

Annually, the Ministry will announce the list of software in group A so that各单位可以知晓并执行。

Article 23.Financial support for software development activities:

a)When transferring software, the transferring party must pay a fund equal to 5% of the contract value to the Scientific Development Fund of the Ministry. The Department of Finance and Accounting is responsible for guiding the payment and use of this funding.

b)Funding for software development, in addition to the amount mentioned in point a, is supplemented from:

Annual scientific and technological funding provided by the Ministry.

Funding from projects decided by the Ministry for investment.

Funding from various sources of sponsorship or other sources (if available).

Bythe end of each year, from December 15 to December 30, units must report to theMinistry (through the Department of Science and Technology and Product Quality) on the construction, exploitation, application, and development plans for software applications within their units.

Article 24.Reporting System:

ARTICLE

Chapter VII

IMPLEMENTATION EFFECTIVENESS ADMINISTRATIVE

Article 25. Effective date of the Regulation:

ThisRegulation takes effect fifteen days after the date of issuance of the Decision.

Article 26.Responsibility for implementing the Decision.

Units under the Ministry, according to their assigned functions and tasks, are responsible for properly implementing this Regulation. During implementation, if any provisions are found unsuitable and require supplementation or amendment, units must report to the Ministry (through the Department of Science and Technology and Product Quality) for the Ministry's consideration and decision./.

attached hereto.

Model Decision recognizing and promulgating software groups A and B.

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Regarding the recognition and classification of software applications in calculation, planning, surveying, design, construction, and operation management of water conservancy works

 

MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

WHEREAS EDUCATIONDecree number 73/ dated October 20, 2015 of dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry/Based on... Upon consideration of the proposal of the Director of the Ministry’s Office,

-the report on the appraisal of software...

-WHEREAS EDUCATION by the Software Selection Council;.. - At the proposal of the Director of the Department of Science and Technology and Product Quality, the Director of the Department of Basic Investment Construction,

Recognize and classify software applications in calculation, planning, surveying, design, construction, and management of water conservancy works as follows:

 

ON - Office of the President of the StateArticleMINISTER

Article 1.Name of the software

- As per Article 2

 

Model Certificate of Legal Software Usage Rights Group A, B. 2

NUMBER:.../KHCN

 

OF CHứGRACE PERIOD LEGAL SOFTWARE USAGE RIGHTS

On behalf of the Minister of Agriculture and Rural Development, the Department of Science and Technology certifies the legal usage rights of the following software application:

1.        - Name of the software:

Main content of the software:

°       Author(s)/Group of authors:

°       2.        - Using entity/person:

- Address:

Software release code:

°       Installation code (if applicable):

°       3.Date of software transfer:

4.Expiry date of the Certificate: thirty-six months from the date of transfer.

4. The expiry period of the Certificate: thirty-six months from the date of transfer.