Thông tư 42/2009/TT-BTTTT

CIRCULAR

DETAILING THE PRIORITY INVESTMENT IN AND PROCUREMENT OF HOME­MADE INFORMATION TECHNOLOGY PRODUCTS WITH STATE BUDGET OR STATE BUDGET-ORIGINATED FUNDS

THE MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;
Pursuant to the Prime Minister's Decision No. 169/2006/QD-TTg of July 17, 2006, providing for the investment in and procurement of information technology products by agencies and organizations using state budget and Decision No. 223/2006/QD-TTg of October 4, 2006, amending a number of articles of Decision No. 169/2006/QD-TTg;
At the proposal of the director of the Information Technology Department,

STIPULATES:

Article 1. Scope of regulation and subjects of application

This Circular provides for lists of home-made information technology products eligible for priority investment or procurement with state budget funds or state budget-originated funds and criteria for identification of these products.

This Circular applies to state agencies, non­business units of the State, political and socio­political organizations, armed forces' units and agencies (below referred to as investment or procurement units).

Article 2. Lists of home-made information technology products eligible for priority investment and procurement and criteria for identification of these products

1. Computer hardware products, special-use and civil electronic products

a/ List of products:

- Desktop computers;

- Laptop computers;

- Servers with 1 or 2 central processing units;

- Fixed line telephone;

- Under-1,000 number internal switchboards;

- Optical-fiber information cable;

- Copper information cable.

b/ Identification criteria: Computer hardware products and special-use and civil electronic appliances stated at Point a, Clause 1 of this Article must satisfy the following conditions:

- Products have their trademarks or brands registered in Vietnam;

- Products are produced in Vietnam by enterprises in which Vietnamese legal persons and natural persons assume dominant control and hold dominant shares (for joint-stock companies) or hold dominant capital contributions (for enterprises of other types);

- Products" domestic production costs account for 20% or more of total production costs or their production activities create stable employment for at least 50 Vietnamese laborers, including research and development (R&D) and product quality control staff and engineers and workers directly involved in the production;

- Products are produced under the quality management system ISO 9001:2000 or ISO 9001:2008;

- Products have been announced as conforming with Vietnam standards (TCVN) or technical regulations (QCVN);

- Suppliers clearly publicize product warranty responsibilities and conditions and commit to ensuring product quality as registered and have a system for warranty and maintenance services and provision of other necessary services convenient for users.

2. Software products

a/ List of products:

- Document management and administration software;

- E-library software;

- School administration software;

- Hospital administration software;

- Accounting and salary software;

- Personnel administration software;

- Anti-virus software (including those integrated with internet security properties);

- Vietnamese-foreign language dictionary software.

b/ Identification criteria: Software products stated at Point a. Clause 2 of this Article must satisfy the following criteria:

- Products are packed and have their trademarks and copyright registered in Vietnam in accordance with the intellectual property law and criteria on application of information technology in state agencies;

- Products are produced in Vietnam by enterprises in which Vietnamese legal persons and natural persons assume dominant control and hold dominant shares (for joint-stock companies) or hold dominant capital contributions (for enterprises of other types);

- Products' domestic production costs account for 30% or more of total production costs or products are produced by domestic enterprises employing at least 30 software workers (including research and development (R&D) and product quality control staff, engineers and programmers);

- Suppliers clearly publicize product warranty responsibilities and conditions and commit to ensuring product quality as registered and have a system for warranty and maintenance and provision of other necessary services convenient for users.

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

1. Units investing in or procuring information technology products on the lists at Point a. Clause 1 or Point a. Clause 2. Article 2 of this Circular shall give priority to products satisfying criteria specified at Point b, Clause 1 or Point b. Clause 2, Article 2 of this Circular;

2. When necessary to invest in or procure information technology products on the lists in Article 2 of this Circular but only imported products can satisfy particular requirements, investment or procurement units shall make an explanation dossier and carry out appraisal and approval procedures under Article 4 of this Circular.

Article 4. Procedures for appraisal and approval of investment in and procurement of imported products

1. Investment or procurement units shall make a dossier explaining in detail the necessity to invest in or procure imported products, and submit it to agencies competent to approve investment or procurement and, at the same time, send the dossier to concerned professional agencies (information technology units , for central agencies; and provincial-level Information and Communication Services, for localities) for opinion.

2. Such a dossier comprises:

- Documents on particular technical requirements;

- Documents proving that technical properties of home-made information technology products on lists specified in Article 2 of this Circular cannot satisfy particular technical requirements;

- Other relevant documents.

3. Within 10 working days from the date of receiving the valid explanation dossier, professional agencies shall send written replies to agencies competent to appraise and approve the investment or procurement and investment or procurement units, clearly stating their opinions on the proposal to invest in or procure imported products.

4. Heads of agencies competent to approve investment and procurement shall base themselves on opinions of professional agencies and explanation dossiers of investment or procurement units to make decisions and take responsibility for their decisions.

Article 5. Implementation provisions

1. This Circular takes effect on February 15, 2010, and replaces Circular No. 02/2007/TT-BBCVT of August 2, 2007, of the Ministry of Post and Telematics.

2. Any problems and difficulties arising in the process of implementation should be promptly reported to the Ministry of Information and Communications for consideration and settlement.-