Decree 71/2007/ND-CP guiding the law on information technology

DECREE

DETAILED PROVISIONS AND INSTRUCTIONS FOR IMPLEMENTATION OF SOME ARTICLES OF THE INFORMATION TECHNOLOGY LAW ON INFORMATION TECHNOLOGY INDUSTRY

GOVERMENT

Pursuant to the Law on Government Organization dated June 25, 12;
Pursuant to the June 29, 6 Law on Information Technology;
At the proposal of the Minister of Post and Telecommunications,

DECREE

Chapter 1:

GENERAL PROVISIONS #

Article 1. Scope

This Decree prescribes information technology industry activities, measures to ensure the development of information technology industry.

Article 2. Subject of application

This Decree applies to Vietnamese organizations and individuals and foreign organizations and individuals engaged in information technology industry activities in the Vietnamese territory.

Article 3. Explain words

In this Decree, the terms below are construed as follows:

1. Software product is software and accompanying documents produced and displayed or stored in any physical form, which can be bought, sold or transferred to another object for exploitation and use. .

2. System software means software used to organize and maintain the operation of a system or a digital device (hereinafter collectively referred to as a digital device). System software can create an environment for application software to work on and always stay in a working state when the digital device is operating.

3. Application software is software that is developed and installed in a certain environment, in order to perform specific tasks and operations.

4. Utility software is software to help users organize, manage and maintain the operation of digital devices.

5. Tool software means software used as a tool for software developers to use and develop other software.

6. Packaged software is a complete software product, trademarked and cloned in bulk to supply to the market.

7. Made-to-order software is a software product manufactured according to the specific requirements of a customer or user.

8. Embedded software is a software product that is pre-installed by the manufacturer into a digital device and works with the digital device without the need for user activation.

9. Software outsourcing is an activity in which the outsourcing party produces and provides software products or services or performs a number of stages to complete software products or services as required. of the outsourcing party.

10. Software service means activities that directly support and serve the production, installation, exploitation, use, upgrade, warranty, maintenance of software and other similar activities related to software. soft.

11. Digital information content product is a content and information product including text, data, images, and sound presented in digital form, stored and transmitted in the network environment.

12. Digital information content service means a service provided in the network environment that directly supports and serves the production, exploitation, release, upgrade, warranty and maintenance of content products. digital information and other similar activities related to digital information content.

13. Audiovisual electronic device is an electronic product capable of recording, receiving, storing, transmitting, transmitting and providing information in images and sounds to users in any information format. Audiovisual electronic equipment includes television equipment, VCD, DVD players, sound systems, digital music players, digital cameras, digital camcorders.

14. Household electronic equipment means electronic equipment used in household activities. Household electronics include air conditioners, refrigerators, washing machines, vacuum cleaners, and microwave ovens.

15. Specialized electronic equipment means electronic equipment used in specific industries. Specialized electronic equipment includes measuring equipment, automation, medical equipment, biology and other industries.

16. Information - telecommunications and multimedia equipment including switchboard, transmission, network terminal, optical cable, information supply, satellite communication equipment, transmission - broadcasting equipment.

Article 4. Contents of state management of the information technology industry

1. Formulate and organize the implementation of policies, strategies, master plans, plans and programs on development of the information technology industry.

2. Formulating, promulgating, propagating, disseminating and organizing the implementation of legal documents on the information technology industry.

3. Formulating and promulgating regulations on standards and quality applicable to the information technology industry; information safety and security management in information technology industry activities.

4. Issuing, temporarily suspending, suspending and withdrawing certificates and certificates of information technology industry.

5. International cooperation in the information technology industry.

6. Manage investment in information technology industry activities according to the provisions of law.

7. Management and development of human resources for the information technology industry.

8. Organize the management and use of resources and the national database on the information technology industry.

9. Manage and make statistical reports on the information technology industry in accordance with law.

10. To inspect, examine and settle complaints; denounce and handle violations of the law in the field of information technology industry.

11. Mobilize information infrastructure and information technology industrial equipment to serve national defense, security and other emergencies as prescribed by law.

Article 5. State management responsibilities of the information technology industry

1. The Ministry of Post and Telematics shall take responsibility before the Government for presiding over and coordinating with relevant ministries and ministerial-level agencies in performing the state management of the information technology industry.

2. Ministries, ministerial-level agencies and agencies attached to the Government shall, within the ambit of their tasks and powers, have to coordinate with the Ministry of Post and Telematics in the state management of the information technology industry. believe.

3. The People's Committees of the provinces and centrally-run cities shall perform the function of state management of the information technology industry within their respective localities according to the Government's regulations.

The Department of Post and Telematics is the body that helps the People's Committees of provinces and centrally run cities perform the function of state management of the local information technology industry.

Article 6. Principles of international cooperation in information technology industry activities

The State shall adopt policies and measures to promote international cooperation in information technology industry activities with other countries and international organizations on the basis of respect for independence, sovereignty, equality and mutual benefit. accordance with Vietnamese law, international law and practices in order to develop the information technology industry, contributing to strengthening the friendly cooperation and mutual understanding between Vietnam and other countries and organizations. international.

Article 7. Contents of international cooperation in information technology industry activities

1. Propagating and promoting strategic orientations and policies for information technology industry development to other countries and international organizations.

2. Establish and develop cooperative relations in information technology industry activities.

3. Join international organizations on information technology industry.

4. Cooperate, support and promote human resource development in the information technology industry.

5. Cooperation in scientific research and advanced technology transfer.

6. Exchange of information and experience in developing the information technology industry.

7. Formulating and implementing international programs and projects on the information technology industry.

Chapter 2:

INFORMATION TECHNOLOGY INDUSTRIAL ACTIVITIES #

SECTION 1:

TYPE OF INFORMATION TECHNOLOGY INDUSTRIAL

Article 8. Hardware industry activities

1. Hardware industry activities include designing and manufacturing hardware products; assembling and processing hardware products; provides industrial hardware services.

2. Hardware products include the following product groups:

a) Computer, network equipment, peripheral equipment;

b) Audiovisual electronics;

c) Household electronics;

d) Specialized electronics;

dd) Information – telecommunications, multimedia equipment;

e) Electronic spare parts and components;

g) Other hardware products.

3. Hardware services include the following types:

a) Consulting and assisting customers to install hardware products;

b) Distribution and circulation of hardware products;

c) Installation, repair, maintenance and warranty of hardware products;

d) Import and export of hardware products;

d) Other hardware services.

Article 9. Software industry activities

1. Software industry activities mean activities of designing, manufacturing and providing software products and services, including production of packaged software; produce software to order; embedded software production; software outsourcing activities and activities of providing and performing software services.

2. Types of software products include:

a) System software;

b) Application software;

c) Utility software;

d) Tool software,

d) Other software.

3. Types of software services include:

a) Administration, warranty and maintenance services of software and information systems;

b) Software quality consulting, assessment and appraisal services;

e) Consulting services, building software projects;

d) Software pricing consulting services;

dd) Software technology transfer services;

e) System integration services;

g) Safety and security assurance services for software products and information systems;

h) Software product distribution and supply services;

i) Other software services.

Article 10. Content industry activities

1. Content industry activities include the production of digital information content products and the provision and provision of digital information content services.

2. Digital information content products include the following products:

a) Textbooks, lectures, learning materials in electronic form;

b) Books, newspapers and documents in digital form;

c) Types of electronic games, including single computer games, online games, and mobile games; television interactive games;

d) Entertainment products on mobile and fixed telecommunications networks;

dd) Digital libraries, digital data warehouses, electronic dictionaries;

e) Digital film, digital photo, digital music, digital advertisement;

g) Other digital information content products.

3. Digital information content services include:

a) Distribution and distribution services of digital information content products;

b) Services of entering, updating, searching, storing and processing digital data;

e) Services of administration, maintenance, maintenance and warranty of digital information content products;

d) Services of editing, adding features, and localizing digital information content products;

dd) Distance learning services; remote medical examination and treatment services; communication services provided in the network environment;

e) Other digital information content services.

Article 11. List of information technology industry products and services

The Ministry of Post and Telematics periodically promulgates a detailed list of information technology industry products and services specified in Articles 8, 9, 10 of this Decree.

SECTION 2:

KEY INFORMATION TECHNOLOGY PRODUCT DEVELOPMENT

Article 12. Program and list of key information technology products

1. Key information technology products specified in Article 50 of the Law on Information Technology are encouraged by the State, with special incentives for investment in research, development, and production in accordance with the law on investment. .

2. The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, formulating programs on development of key information technology products and submitting them to the Prime Minister for approval.

3. The Ministry of Post and Telematics promulgates the list of key information technology products; formulating and organizing the implementation of annual plans on the development of key information technology products.

4. Based on the program to develop key information technology products approved by the Prime Minister, the Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Post and Telematics in, summarizing, annual budget balance for investment and development of key information technology products shall be submitted by the State to the competent authorities for decision.

5. Ministries and ministerial-level agencies shall, based on their functions, tasks and powers, have to coordinate with the Ministry of Post and Telematics in implementing programs and plans for the development of important information technology products. point.

6. The People's Committees of the provinces and centrally-run cities shall, based on the list of key information technology products specified in Clause 3 of this Article, formulate a program and plan the allocation of state budget capital. localities to develop key local information technology products.

Article 13. Participation in research, development and production of key information technology products

1. Organizations and individuals may participate in research, development and production of key information technology products.

2. Organizations and individuals participating in the program to develop key information technology products invested by the State must satisfy the following conditions:

a) Having a field of operation and professional qualifications suitable to the research - development, production and trading of products on the list of key information technology products;

b) Having technical, technological and solution capabilities for developing information technology products suitable to the program on development of key information technology products.

3. The Ministry of Post and Telematics shall specify the conditions for professional qualifications, technical and technological capabilities, and solutions for developing information technology products specified in this Article.

Article 14. Procedures for registration of participation in research, development and production of key information technology products funded by the state budget

1. Registration dossiers of organizations and individuals include:

a) An application for participation in a key information technology product development program;

b) For an enterprise, a business registration certificate or an investment certificate is required;

c) Feasibility study on research, development and production of information technology industrial products, including contents on production and business objectives; production and business plans; technological and technical solutions; expected results; committed to implementing the project for the right purpose and on time.

2. The Ministry of Post and Telematics shall assume the prime responsibility for receiving, and coordinate with concerned ministries and branches in, processing dossiers of registration for participation in research, development and production of key information technology products using resources. capital from the central budget as prescribed by law.

3. The People's Committees of the provinces and centrally-run cities shall receive, process and process application for participation in research, development and production of key information technology products funded by the state budget. local books as prescribed by law.

SECTION 3:

RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN INFORMATION TECHNOLOGY INDUSTRIAL ACTIVITIES

Article 15. Rights and responsibilities of organizations and individuals participating in information technology industry activities

1. Organizations and individuals participating in information technology industry activities have the following rights:

a) Participate in research and development of information technology products;

b) Manufacture and supply information technology products;

c) Digitizing, maintaining and increasing the value of information resources;

d) Register intellectual property rights to products and services created by them and protected by the State in accordance with law;

d) Exercise other rights as prescribed by law.

2. Organizations and individuals participating in information technology industry activities have the following responsibilities:

a) Ensure conditions and comply with provisions of Law on Information Technology, Law on Investment, Law on Enterprises, Law on Corporate Income Tax, Law on Intellectual Property, Law on Technology Transfer and other regulations of relevant laws;

b) Ensuring the truthfulness of research, development and production results;

c) Annually, by March 15 at the latest, the information technology industry enterprise must send a report on the operation of the information technology industry in the previous year to the local Department of Post and Telematics. direction. The Ministry of Post and Telematics shall detail the report contents.

Article 16. Rights and responsibilities of organizations and individuals participating in software industry activities

Organizations and individuals participating in software industry activities must comply with the provisions of Article 15 of this Decree, relevant laws and the following provisions:

1. Organizations and individuals may not perform acts in order to obtain the source code of the software, the structure of the software design, or the basic contents of the software, and the software documents without permission. of the software owner.

2. Individuals hired to research and develop software or any individual who has access to the software may not copy or use the software, software documentation, software architecture, software source code or other the basic content of the software that they have access to for any purpose without the permission of the research and development investor of that software.

Article 17. Rights and responsibilities of organizations and individuals participating in content industry activities

1. Organizations and individuals participating in content industry activities must comply with the provisions of Clauses 2 and 3, Article 9, Clause 2, Article 12 of the Law on Information Technology and the provisions of Article 15 of this Decree. .

2. Organizations and individuals involved in the production and supply of complete digital information content product packages must announce on digital information content products or packages of digital information content products the following information: this:

a) Date of manufacture;

b) Manufacturer's name;

c) Business registration certificate number or code number issued by a competent state agency;

d) Product brand;

dd) Conditions for using digital information content products;

e) Other necessary information.

3. Organizations and individuals may not infringe upon the interests of digital information content product producers by copying, reproducing or transmitting all or part of the content of the product for profit purposes. within 05 years from the date of production of digital information content products.

4. In case digital information content products are protected by the law on intellectual property, the provisions of the law on intellectual property shall apply.

Article 18. Rights and responsibilities of organizations and individuals participating in research, development and production of key information technology products

1. Organizations and individuals participating in research, development and production of key information technology products are prioritized for investment by the State; enjoy preferential treatment as prescribed by law.

2. Organizations and individuals engaged in research, development and production of key information technology products invested by the State shall have to remit part of the revenue generated from business to the state budget. that product. Assign the Ministry of Finance to assume the prime responsibility for, and coordinate with the Ministry of Post and Telematics in, specifying this level of budget collection and payment.

3. Organizations and individuals may not transfer, sell or transfer technologies and solutions to develop key information technology products invested by the State without the consent of the receiving and handling agency. and handle application for participation in research, development and production of key information technology products specified in Article 14 of this Decree.

4. Organizations and individuals engaged in research, development and production of key information technology products are subject to inspection, control, and compliance with reporting regimes as prescribed by the Ministry of Post and Telematics on matters relating to information technology. investment projects for research - development, trial production and commercial promotion of key information technology products.

Chapter 3:

CONFIDENTIAL INFORMATION TECHNOLOGY ZONE #

Article 19. Types of concentrated information technology parks

A concentrated information technology park is a type of hi-tech park, which concentrates or links research - development, production, business and training establishments in information technology, including the following two types:

1. A centralized information technology zone with a defined geographical boundary is an area where research and development, production, business and training facilities are concentrated in the information technology industry.

2. A concentrated information technology park without defined geographical boundaries is a collection of research - development, production, business and training establishments in the software industry and content industry located in Areas, buildings separated by geographical boundaries and linked together on the network environment.

Article 20. Establishment, recognition and investment incentives of concentrated information technology zones

1. Procedures for investing in the establishment of a new centralized information technology zone with definite geographical boundaries shall comply with the provisions of the law on investment.

2. Areas, buildings that have been invested in construction and are having information technology industry activities shall be considered for recognition as a concentrated information technology industrial park. Procedures for recognition of a centralized information technology park shall comply with the provisions of Article 21 of this Decree.

3. Organizations and individuals investing in, building and developing concentrated information technology parks; Organizations and individuals engaged in production and business activities of the information technology industry in the concentrated information technology park are entitled to investment incentives for the hi-tech park.

Article 21. Conditions and procedures for recognition of a centralized information technology park

1. A concentrated information technology zone with definite geographical boundaries must satisfy the following conditions:

a) Having at least 300 employees directly working at information technology industry establishments. Particularly in Hanoi and Ho Chi Minh City, there must be at least 500 employees directly working at information technology industry establishments;

b) Information technology industrial establishments and associated equipment must use at least half of the ground area;

c) Having shared infrastructure to ensure information technology industry activities such as meeting rooms, common discussion rooms and specialized facilities and equipment to ensure information technology industry activities.

2. A concentrated information technology park without definite geographical boundaries must satisfy the following conditions:

a) There are at least 300 employees directly working at establishments producing and trading software and digital information content. Particularly in Hanoi and Ho Chi Minh City, there must be at least 500 employees directly working at establishments producing and trading software and digital information content;

b) Establishments producing and trading in software, digital information content and accompanying equipment must use at least half of the ground area in associated areas and buildings;

c) Satisfy the connection bandwidth requirements between buildings, between areas, buildings and wide area networks (WANs) prescribed by the Ministry of Post and Telematics;

d) At least half of software and digital information content production and business establishments in buildings have a combination of processes for production and supply of software and digital information;

dd) Having shared infrastructures to ensure software industry activities, content industry such as meeting rooms, common discussion rooms and specialized facilities and equipment to ensure software industry activities. content industry.

3. The Ministry of Post and Telematics shall elaborate and promulgate regulations on the order and procedures for consideration and recognition of centralized information technology zones.

4. The People's Committees of the provinces and centrally-run cities shall recognize and cancel the centralized information technology park on the basis of the conditions specified in Clauses 1 and 2 of this Article.

Article 22. Management of centralized information technology parks

1. The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, formulating and submitting to the Prime Minister for approval the planning of a centralized information technology zone.

2. The Ministry of Post and Telematics is the state management agency of the centralized information technology zone with the investment policy approved by the Prime Minister. The Management Board of the centralized information technology zone, approved by the Prime Minister, with the investment policy is organized and staffed under the Ministry of Post and Telematics. The head of the Management Board is appointed by the Prime Minister at the proposal of the Minister of Post and Telecommunications.

3. The People's Committees of the provinces and centrally-run cities are the state management agencies of the concentrated information technology zones and are granted the Investment Certificates by the Committees; centralized information technology zones are recognized according to the provisions of Clause 3, Article 21 of this Decree. The functions, tasks, powers and organizational structure of the local centralized information technology park management agency shall be prescribed by the People's Committees of the provinces and centrally-run cities.

4. Issues on land management, infrastructure construction, labor management, population management, finance, accounting and foreign exchange in the centralized information technology park shall comply with the provisions of law. Law on Hi-Tech Park.

Chapter 4:

MEASURES TO SECURE INFORMATION TECHNOLOGY INDUSTRIAL DEVELOPMENT #

Article 23. Human resource development for the information technology industry

The State prioritizes the development of human resources for the information technology industry through the following forms:

1. The field of information technology industry is classified as a priority group in foreign training scholarship programs with the state budget or development cooperation scholarship programs between the Government of Vietnam and the Government of the country. outside, international organizations.

2. Overseas Vietnamese investing or participating in information technology industry activities in Vietnam are given favorable conditions to buy houses and residential land in accordance with the law on land and housing. live.

3. The State creates favorable conditions for sending Vietnamese software and digital information workers to work, practice and study abroad.

4. The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social Affairs in, prescribing conditions for short-term training activities, fostering specialized and industrial skills. new technologies for human resources in the information technology industry; information technology certification.

5. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of Post and Telematics, in reviewing, regularly supplementing and adjusting information technology training programs at universities and colleges above. The base focuses on the rapid development of new technologies and new trends in the field of information technology in the world.

Article 24. Investment in development of information technology industry

1. Every year, the Ministry of Post and Telematics elaborates plans and estimates of non-business expenses for the development of the information technology industry.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Post and Telematics, and the Ministry of Planning and Investment in, guiding the financial management for the creation of the information technology industry.

Article 25. Investment incentives

1. Research - development, production and business establishments in the information technology industry are entitled to investment incentives under the Government's Decree No. L08/2006/ND-CP dated September 22, 9 stipulating detailing and guiding the implementation of a number of articles of the Investment Law.

2. The concentrated information technology zone shall enjoy incentives at the same level as the current preferential policies for high-tech parks as stipulated in the Decree No. L08/2006/ND-CP dated September 22, 9 of the Government. The Government shall detail and guide the implementation of a number of articles of the Investment Law and the provisions of the law on policies to encourage investment in hi-tech parks.

3. Particularly important investment projects for the development of the information technology industry are entitled to additional incentives under the Prime Minister's decision.

Article 26. Prioritize development of software industry, content industry

1. The State shall apply the highest incentives to organizations and individuals engaged in software industry and content industry activities as prescribed by law, including:

a) Organizations and individuals investing in software production and trading; producing digital information content products are entitled to tax incentives in accordance with the tax law and incentives in land use;

b) Software products and digital information content manufactured in Vietnam and software services provided by organizations and enterprises of all economic sectors operating in Vietnam are eligible for preferential rates. highest incentives on value-added tax and export tax.

2. In cases where organizations and enterprises, apart from participating in software industry activities and content industries, also participate in many other types of activities, they are only entitled to the preferential policies specified in this Article for activities of producing and providing software products and services; production of digital information content products.

Article 27. Construction of material and technical foundations in service of research and development of the software industry and the content industry

1. The Ministry of Post and Telematics shall assume the prime responsibility for studying and formulating policies to encourage domestic and overseas organizations and individuals to establish venture capital funds in the field of information technology industry in Vietnam. Male.

2. Having a policy of prioritizing the mobilization of different capital sources for the construction of research and development establishments in the software industry and the content industry for the following purposes:

a) Ensuring the role of a key laboratory in the software industry and content industry up to regional and international standards;

b) Being a research and development center and supporting the application of industrial production regulations, quality assurance processes, and information technology industry standards;

c) As an incubator for new creative ideas and new products in the software industry and content industry;

d) To act as a bridge connecting closely between information technology training and information technology industrial production; is a center to support human resource development for the software industry and the content industry.

Article 28. Application of quality assurance process in software industry and content industry

1. The Government encourages software enterprises and enterprises producing digital information content to apply quality assurance processes according to international standards CMM, CMMI and other equivalent standards. Software products, services and digital information content products of recognized enterprises with quality assurance processes according to CMM, CMMI standards of level 3 or higher or equivalent, are prioritized for use in information technology projects funded by the state budget or capital derived from the state budget as prescribed by law.

2. The Government has a policy to support enterprises to obtain certificates of quality assurance of software and digital information products according to international standards CMM, CMMI and other equivalent standards.

Article 29. Management and exploitation of software intellectual property warehouses

1. The State retains intellectual property rights to software products and digital information contents researched, developed, and produced by organizations and enterprises with state budget capital or capital from other sources. state budget to form the State's software intellectual property repository in order to create capital to support the development of the software industry and the content industry.

2. The Ministry of Post and Telematics develops and promulgates Regulations on management and exploitation of software intellectual property warehouses

Article 30. Management of information about the information technology industry

1. The Ministry of Post and Telematics is responsible for collecting, analyzing, managing and disclosing information related to the development of the domestic and foreign information technology industry.

2. Information about the information technology industry specified in Clause 1 of this Article, including:

a) The level of information technology production technology;

b) Trends in research and development of information technology;

c) Development trend of the information technology industry market;

d) Current status of development of information technology industry enterprises.

Chapter 5:

TERMS ENFORCEMENT #

Article 31. Implementation organization

The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate with relevant agencies in, promulgating detailed regulations and guiding the implementation of this Decree.

Article 32. Enforcement

This Decree takes effect 15 days after its publication in the Official Gazette. All previous provisions contrary to this Decree are annulled.

Article 33. Terms enforcement

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of People's Committees of provinces and centrally run cities are responsible for the implementation of this Decree./.