Vietnam: Operation of information infrastructure assets that are Information technology complex Danang information technology park

Vietnam: Operation of information infrastructure assets that are Information technology complex Danang information technology park (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On February 1, 2024, the Government issued Decree 09/2024/ND-CP on amendment to Decree 144/2016/ND-CP dated November 1, 2016 on specific regulations on investment, finance, budget, and management decentralization of Danang city

Vietnam: Operation of information infrastructure assets that are Information technology complex Danang information technology park 

Decree 09/2024/ND-CP adds Article 9a to Decree 144/2016/ND-CP on specific regulations on investment, finance, budget, and management decentralization of Danang city

The peration of information infrastructure assets that are Information technology complex Danang information technology park is as follows:

- The Information technology complex Danang information technology park (hereinafter referred to as “Information technology complex”) is invested by People’s Committee of the City in accordance with state budget laws, public investment laws and is an asset of information infrastructure.

- People’s Council of the City shall consider and decide on investment, upgrade, expansion, and development of assets of information infrastructure of the Information technology complex using Danang City budget.

- Governing authority of the Information technology complex shall be the People’s Committee of the City.

- The management and operation of Information technology complex shall conform to Clauses 5, 6, 7, and 8 of this Article.

- Rules for managing and operating Information technology complex

= The management and operation of Information technology complex shall adhere to assigned, construction, purchase purposes; ensure effectiveness, openness, transparency; ensure supervision, inspection, examination, and audit as per the law; ensure that all violations of regulations on management, operation, and use of property are promptly discovered and met with penalties as per the law.

= The production, management, storage of documents, reporting, supervision, accounting, and maintenance of Information technology complex as per the law.

- Assign Information technology complex

= Entities assigned with Information technology complex shall be public service providers of People’s Committee of Danang City (hereinafter referred to as “managing entities of Information technology complex”).

= Procedures for assigning Information technology complex

Information and communication authority affiliated to People’s Committee of the City (hereinafter referred to as “information and communication authority”) shall send documents requesting assignment of Information technology complex (unverified copies) to financial authority affiliated to People’s Committee of the City (hereinafter referred to as “financial authority”) and relevant authorities. The documents consist of: Written request of managing entities of Information technology complex; draft solutions for assignment (which identify entities receiving the transfer, methods of transfer, reasons for transfer, list of property to be transferred); relevant documents.

Within 15 days from the date on which adequate documents are received, financial authority and relevant authorities are responsible for responding in writing within their functions and tasks.

Within 15 days from the date on which written response of financial authority and relevant authorities is received, information and communication authority is responsible for finalizing the solutions and sending to People’s Committee of the City. Documents consist of: Documents of information and communication authority (original copies) and assignment solutions (which identify entities receiving the transfer, methods of transfer, reasons for transfer, list of property to be transferred); written request of managing entities of Information technology complex (original copies); feedback of financial authority and relevant authorities (original copies); relevant documents (unverified copies).

Within 15 days from the date on which adequate documents are received, People’s Committee of the City shall consider and decide on assignment of Information technology complex to managing entities of Information technology complex. Primary contents of Decision on assignment of Information technology complex include: Name of managing entities of Information technology complex; list of property; responsibilities for organizing and implementing.

Within 15 days from the date on which Decision on assignment of Information technology complex is issued by People’s Committee of the City, relevant authorities and entities shall transfer and receive as per the law and record the transfer and receipt process using Form No. 1 under this Decree.

- Operate Information technology complex

= Managing entities of Information technology complex shall directly organize operation of property. Operation of Information technology complex must be specified in form of Scheme approved by the People’s Committee of the City.

= Procedures for producing and approving Scheme

Managing entities of Information technology complex shall produce documents, Scheme prepared using Form No. 2 under this Decree and relevant documents (unverified copies), report to superior (if any), request feedback from information and communication authority, financial authority, and relevant authorities.

Within 15 days from the date on which adequate documents are received, information and communication authority, financial authority, and relevant authorities are responsible for responding in writing within their tasks and powers.

Within 15 days from the date on which written feedback of information and communication authority, financial authority, and other relevant authorities are received, managing entities of Information technology complex are responsible for reviewing and processing feedback in order to revise the Scheme and request People’s Committee of the City to approve. The documents consist of: Document sent by managing entities of Information technology complex (original copies) and Scheme; feedback of information technology authority, financial authority, and relevant authorities (original copies); relevant documents (unverified copies).

Based on Scheme approved by the People’s Committee of the City, managing entities of Information technology shall organize implementation in accordance with Point d and Point dd of this Clause.

= Organizing of Scheme implementation

Selection of entities provided with infrastructures and services in Information technology complex (hereinafter referred to as “property use”) shall be implemented in form of auctioning. Entities participating in auctions shall be eligible according to Decree No. 154/2013/ND-CP dated November 13, 2013 of the Government and amendment documents (if any).

Starting price for auction to choose entities eligible for using property must include all legitimate costs (including: depreciation of immovable property according to management regulations, depreciation provision for enterprises; obligations regarding tax, fees, charges, land rent, other financial obligations as per the law).

Managing entities of Information technology complex are responsible for determining starting price for auction, informing superior (if any) for consideration, and requesting People’s Committee of the City to approve. Depending on practical situations in the City, People’s Committee of the City shall consider the assignment of appraising bodies and other work for the purpose of implementing relevant tasks prior to requesting People’s Committee of the City to approve auction starting price.

Selection of auctioning organizations and procedures for auctioning to choose entities eligible for property use shall conform to property auction laws. Managing entities of Information technology complex are responsible for supervising auctioning process and exercising rights, obligations of individuals owning auctioned property in accordance with property auction laws.

Permission for property use must be specified in form of Contract and the signing of Contract shall conform to regulations and law. The Contract must include: Information on entities using property; information on property; charges and revision to charges; payment methods and time limit; term of property use; purpose of property use; rights and obligations of the parties; responsibilities in the even of Contract breach; penalty for contract breach; termination of contract and solutions; effective date of contract; other details (if necessary).

= Management and use of revenues generated from property use

Managing entities of Information technology complex are responsible for submitting revenues generated from operation of Information technology complex to the state budget; preparation and approval of revenue, expenditure estimates and settlement for operation of Information technology complex shall conform to state budget laws. People’s Council of the City shall stipulate entries and amount of expenditure made to managing entities of Information technology complex.

- If no entities request permission to operate Information technology or the operation is ineffective, managing entities of Information technology complex shall identify the cause, propose solutions, report to information and communication authority for reporting to People’s Committee of the City for consideration and decision or to competent authority for consideration and decision.

More details can be found in Decree 09/2024/ND-CP taking effect on February 1, 2024.

Nguyen Ngoc Que Anh

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