What are regulations on supervision of implementation of investment projects for information technology application funded by state budget in Vietnam?

What are regulations on supervision of implementation of investment projects for information technology application funded by state budget in Vietnam?

Pursuant to Article 6 of the Circular 24/2020/TT-BTTTT stipulating supervision of implementation of investment projects as follows:

1. Projects entering at the stage of construction and installation of technical infrastructure systems, equipment (including the calibration of supplies and equipment) and the installation of software must follow the mode of implementation supervision specified in Article 32 of Decree No. 73/2019/ND-CP. Investors can hire organizations and individuals to supervise the implementation or supervise the implementation of their own accord (hereinafter collectively referred to as implementation supervisory unit). Main implementation supervision activities shall be subject to regulations laid down in this Article.

2. Examining conditions necessary for implementation

a) Checking whether grounds or sites and relevant technical infrastructure elements are available for implementation of projects;

b) Checking whether project implementation contracts have been signed;

c) Checking whether detailed design documents have already been approved;

d) Checking whether detailed implementation schedules have been set by contractors;

dd) Checking whether operational safety, fire prevention and control measures are in place;

e) Making review reports on conditions necessary for implementation activities.

3. Examining the conformity of the contractor’s competence with contracts.

a) Checking whether the contractor's field implementation personnel are the same as those agreed upon in contracts and each staff member undertakes assigned tasks;

b) Checking quality management systems specified in Clause 2, Article 4 of this Circular (if any);

c) Checking the advance payment of funds requested by implementing contractors to fulfill their contractual commitments (if stated in the contract);

d) Checking other competency requirements mentioned in project implementation contracts;

dd) Making a review report on the conformity of the contractor’s competence with contracts.

4. Examining supplies, information technology equipment and software before the construction and installation stage.

a) Checking the quantity and physical or organoleptic properties of information technology equipment; checking grounds for proving copyright (if any) of commercial software (e.g. legality, quantity);

b) Checking the certificate of origin (CO), the certificate of quality of the manufacturer (CQ) and documents related to the information technology equipment and supplies stated in the implementation contract before implementation;

c) Checking the technical specifications of the information technology supplies and equipment in comparison with the information stated in the contract and detailed design files before they are put into operation;

d) When there is any doubt about information technology supplies and equipment, or software, the implementation supervisory unit must cooperate with the investor to carry out the physical testing on information technology supplies, equipment and software built or installed during the execution of projects. In case where information technology equipment, supplies and software are not fit to the approved detailed designs, the implementation supervisory unit shall cooperate with the investor in requesting the contractor to move them out of the project site;

dd) Making review reports on information technology supplies, equipment and software before the construction and installation stage.

5. In-process supervision

a) Checking and supervising the contractor's implementation activities performed at project sites. Inspection results must be recorded into the implementation activity supervisory log;

b) Examining the protection of technical infrastructure, equipment built and installed within the regions or sites where projects are implemented (if any). In case of any damage, breakdown, or any impact on these regions or sites, the implementation supervisory unit shall report to the investor and request the contractor to make a field record using the form in Appendix I to this Circular;

c) Cooperating with concerned parties on solving and addressing problems arising from the implementation activities (if any);

d) Requesting the investor to adjust the detailed design when detecting any errors and irrationalities in the detailed design.

dd) Participating in the acceptance testing and handover of products or items obtained from projects.

6. Supervising the volume or quantity of implementation activities

a) Quantitative or volume supervision shall be subject to terms and conditions on implementation activities and approved detailed designs;

b) Confirming the completed volume carried out by the contractor and comparing it with the approved detailed design. If there is any change in the quantity or volume compared to the contract, the investor must be reported for its review and approval. The results of the approval of the changed volume shall serve as the basis for the acceptance testing of work volume or quantity, contract payment and settlement.

7. Supervising the implementation progress

a) Monitoring and supervising the implementation progress;

b) Giving the investor, the implementation contractor and related parties recommendations about adjustment of the implementation progress in case the period of implementation at some stages is lengthened;

c) Recommending the investor to impose sanctions and requesting the contractor to pay compensation for any damage when the period of implementation is prolonged, causing any damage to the investor under terms and conditions of the contract between the investor and the implementation contractor.

8. Supervising in-process changes

In the course of implementation, due to unreasonable factors that are detected or new elements that appear, if the investment quality of the project, implementation progress, measures and investment efficiency of the project are impacted because of failure to change the detailed design, the implementation supervisory unit must report to the investor and, at the same time, request the contractor to prepare a field record using the form in Appendix I hereto.

9. Other tasks related to implementation supervisory activities shall be subject to regulations laid down in implementation supervision contracts.

10. Making reports on results of supervision of implementation activities.

Implementation supervisory units shall be responsible for making reports on results of supervision of implementation activities for submission to investors. A report of this kind contains information prescribed in Appendix I hereto.

What are regulations on making implementation supervisory logs over investment projects for information technology application funded by state budget in Vietnam?

Pursuant to Article 7 of the Circular 24/2020/TT-BTTTT stipulating making implementation supervisory logs over investment projects for information technology application funded by state budget in Vietnam as follows:

1. The implementation supervisory log is made by the implementation supervisory unit, used to describe the work in the process of supervising implementation activities and show exchanged and confirmatory information between the investor, the implementation supervisory unit and other stakeholders.

2. An implementation supervisory log must comprise the date of commencement and must be bound in a book which is paginated and stamped on all of its page edges by the implementation supervisory unit.

3. An implementation supervisory log shall contain the following basic information:

a) List of participating officers of parties directly supervising implementation activities (e.g. their titles and assignments), including: implementation supervisory units and author supervision units (if any);

b) Contents, developments and results of supervision of implementation activities corresponding to each implementation content of the implementing contractor;

c) Reports on deviations in the implementation process compared to detailed design documents, clearly stating the causes and corrective measures (if any); proposals and recommendations (if any);

d) Records or reports made during the implementation supervision process which constitute an integral part of the implementation supervisory log book.

4. The sample log of this kind shall be given in the Appendix I hereto.'

What are regulations on author’s supervision regarding implementation of investment projects for information technology application funded by state budget in Vietnam?

Pursuant to Article 8 of the Circular 24/2020/TT-BTTTT stipulating author’s supervision as follows:

1. The unit formulating the detailed design for the 2-step design, the unit making the economic - technical report for the 01-step design shall be responsible for the author supervision.

2. Tasks involved in the author’s supervision.

a) Explaining and clarifying detailed design documents at the request of the investor, the implementation contractor, the implementation supervisory unit;

b) Cooperating with the investor upon request in solving design problems and issues during implementation, adjusting the design in accordance with the actual implementation, handling irrationalities in the design upon the request of the investor, and recording comments in the implementation log;

c) Cooperating with the implementation supervision contractor on sending the timely notification to the investor and recommending solutions when discovering that the implementing contractor's implementation is not conforming to the approved design;

d) Participating in the acceptance testing at the request of the investor. In case of detecting that products or items obtained from projects fail to meet acceptance testing requirements, they must promptly raise their written opinions to the investor.

Best regards!