Circular 16/2014/TT-BTTTT defining software product manufacturing activities

CIRCULARS

PROVISIONS ON DETERMINATION OF SOFTWARE PRODUCTION ACTIVITIES

Pursuant to the June 29, 6 Law on Information Technology;

Pursuant to the Government's Decree No. 71/2007/ND-CP dated May 03, 5 detailing and guiding the implementation of a number of articles of the Law on Information Technology on the information technology industry;

Pursuant to Decree No. 132/2013/ND-CP dated February 16, 10 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the request of the Director of the Information Technology Department,

The Minister of Information and Communications promulgates a Circular stipulating the determination of software product manufacturing activities.

Article 1. Scope

This Circular stipulates uniformly the software production process, requirements and criteria for determining software product production activities.

Article 2. Subject of application

This Circular applies to management agencies, organizations, enterprises and individuals that have activities related to the production of software products.

Article 3. Explain words

Some terms in this Circular are construed as follows:

1. Software (or software product) is a collection of statements or instructions written in one or more programming languages, in a specified order, and data or document related to perform some task or function or solve a particular problem.

Types of software products are specified in the List of software products promulgated together with Circular No. 09/2013/TT-BTTTT dated April 08, 4 of the Minister of Information and Communications.

2. Software product production process is a set of many stages, each stage includes one or more operations to produce a software product. The software product manufacturing process is detailed in Article 5 of this Circular.

3. The production of software products that meet the correct process is an activity of an organization, enterprise or individual that has legal status as prescribed by law and participates in one or more stages in the process. manufacture software products in order to create new or upgrade, modify and perfect software products.

Article 4. Principles and purposes of application of the Circular

1. This Circular stipulates uniformly the software product manufacturing process and principles for determining software product production activities that meet the correct process to serve the state management of the software industry, and serve as a basis for competent authorities to consider the application of tax policies and other preferential policies.

2. Based on the actual situation and development policies in each period, the Ministry of Information and Communications considers and adjusts the process and principles for determining the software product production activities that meet the requirements of customer requirements. suitable.

Article 5. Production process of software products

The production process of software products includes the following stages:

1. Determine requirements, including one of the following operations: survey of customer requirements, business analysis; collect and build requirements; process adjustment consulting; request approval, request approval.

2. Analysis and design, including one of the following operations: specification requirements; set up development problems; data modeling; functional modeling; modeling information flow; identify software solutions; software system design; design units, software modules.

3. Programming, writing code, including one of the professions such as writing software programs; programming units, software modules; edit, customize, tweak software; integrated software units; software system integration.

4. Software testing and testing, including one of the following tasks: building test scripts, testing units, software modules; software testing; software system testing; software functional testing; software quality appraisal; assess the possibility of causing errors; determine customer satisfaction; software acceptance.

5. Finishing and packaging software, including one of the following tasks: developing software description documentation, software installation and usage documentation; packing software; registration of models; registration of intellectual property rights.

6. Install, transfer, guide the use, maintenance and warranty of software, including one of the following operations: instructions for installing software; deploy software installation; training and user guidance; test software after handover; software error correction after handover; support after handover, warranty software; software maintenance.

7. Release and distribute software products, including one of the following activities: marketing, promoting, selling, distributing software products; release software products.

Article 6. Identify software product manufacturing activities

1. General requirements for organizations, enterprises and individuals producing software products:

a) For organizations and enterprises: having business registration certificates, investment certificates, or documents regulating functions and tasks granted by competent persons. For individuals: have personal tax code; have a tax declaration which clearly states the income from software production;

b) Software products produced by individuals, organizations and enterprises in one of the software products specified in the List of software products issued according to the Circular No. XNXX / 09 / TT-BTTTT dated 2013 month 08 year 4 of the Minister of Information and Communications.

2. Activities of organizations, businesses and individuals are defined as activities of producing software products and meeting the process when organizations, businesses and individuals meet the requirements in this section, and operate. that action is one or more of the following:

a) Operating in one or more stages in stages from 2 to 4 of the process of producing software products specified in Clauses 2, 3, 4 Article 20 of this Circular for the above-mentioned software products. Point b, Item 5 This.

b) Activities mentioned at the stage of production and sale, the production process of the software production process specified in Clause 1 and Item 5 Article 1 of this Circular, when such organizations, enterprises and individuals conduct activities. satisfy the provisions of Point a of this Clause for the same software product.

c) Operate in stage 6 of the software product manufacturing process as prescribed in Clause 6 Article 5 of this Circular, when such organization, enterprise or individual operates in all 5 stages from 1 to 5 of the software product manufacturing process is specified in Clauses 1 thru 5 Article 5 of this Circular for the same software product.

Article 7. Implementation organization

1. The Information Technology Department is responsible for:

a) Guide and organize the implementation of this Circular.

b) Summarize comments, problems arising in the course of implementation, report to the Minister for consideration and adjustment of the Circular if necessary.

2. Organizations, enterprises and individuals engaged in software product production activities specified in this Circular shall have to:

a) Be solely responsible for the authenticity of the information in the relevant declaration file as well as for the identification of its software product production activities.

b) Periodically, before March 15 every year, send reports on software production activities to the Ministry of Information and Communications (Information Technology Department) according to current regulations.

c) Ensure that the production activities of software products and software products of organizations, enterprises and individuals do not violate the law on intellectual property and other relevant laws.

Article 8. Terms enforcement

1. This Circular takes effect from August 02, 01.

2. In the course of implementation, if problems arise, organizations and enterprises shall send documents to the Ministry of Information and Communications (Information Technology Department) for handling, settlement, guidance or correction. , supplemented accordingly.

3. Chief of Office, Director of Information Technology Department, Heads of agencies and units under the Ministry of Information and Communications, Directors of Departments of Information and Communications of provinces and centrally run cities and organizations Organizations, enterprises and individuals are responsible for the implementation of this Circular.