03 technical requirements in state-funded information technology service leases in Vietnam

03 technical requirements in state-funded information technology service leases in Vietnam (Illustrative image)

According to Article 3 of Circular 23/2020/TT-BTTTT, the 03 technical requirements in state-funded information technology service leases in Vietnam are stipulated as follows:

- The technical requirements shall be defined according to the criteria, ensuring conformance to the service quality requirements in the approved service lease plan, including: Professional function criteria; operating performance criteria; information security criteria; other non-functional criteria; user satisfaction criteria; service management criteria;

- Specific quality criteria, requirements and output requirements of each criterion shall follow instructions given in Appendix I to this Circular;

- In the course of implementation of the service lease, based on the particular and specific requirements of each entity or unit, the lead service lessee shall consider and choose to apply some or all of the criteria specified in this Clause, supplementing and updating other criteria (if necessary).

Additionally, other requirements in the service rental contract are specified as follows:

* Requirements and processes for transfer of information and data acquired during service lease operations

The lead service lessee and the service provider shall negotiate and agree on the request and processes for transfer of information and data acquired during the service leasing process to the lead service lessee with the following main contents:

- The lead service lessee and the service provider must transfer all information and data acquired during the service leasing process to the lead service lessee according to the plan agreed upon by contracting parties;

- Methods, tools, processes and roles and responsibilities of each party in the transfer process; plans to test the status of information and data acquired prior to transfer; plans for backup and restoration of data before transfer (if necessary); plans to check the status of information and data acquired after transfer; plans to check and review data after transfer; plans to delete information and data related to the lead service lessee on management systems of service providers after the completed transfer;

- Service provider’s commitments to be fulfilled after the completed transfer;

- Other requirements for transfer of information and data acquired during the service supply process.

* Cybersecurity requirements

During the process of negotiating and agreeing on cybersecurity requirements, lead lessees and service providers must ensure conformance to legislative regulations on cybersecurity.

* Lead lessee and the service provider shall negotiate and agree on requirements concerning service-related copyright and intellectual property rights and other requirements, depending on the nature, characteristics, requirements and actual demands with respect to the contractual service

More details can be found in Circular 23/2020/TT-BTTTT, which comes into force in Vietnam from October 25, 2020.

Le Vy

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