Vietnam: Regulations on the management of information technology investment projects using the state budget that are suitable for the nature and source of funds used

Regulations on management of information technology application investment projects using state budget funds in accordance with the nature and source of funds used

Specifically, for information technology application investment projects using funds from the state budget for development investment, they shall be implemented as per the legal regulations on public investment and the provisions of this Decree.

** Regarding the testing of products not yet available on the market:

- In the case of a project with products not yet available on the market, if necessary, the investor shall consider and report to the competent authority to select organizations and individuals to research, propose solutions, technical and technological plans; build and test the products. The organizations and individuals mentioned above shall bear all incurred costs (if any). After successful testing and determining the technical and technological solutions and costs, the investor shall proceed with investment procedures as per the regulations;

- The competent authority stipulated in point a of this section is the authority competent to make investment decisions for the project as per the regulations of the Law on Public Investment of Vietnam;

- The testing process shall include at least the following steps: Identify the products not yet available on the market; Report to the competent authority stipulated in point b of this section for permission to select organizations and individuals to conduct testing; Select organizations and individuals to conduct the testing (The investor shall directly send a request to participate to capable organizations and individuals or publicly announce the need to find organizations and individuals to participate in researching, building, and testing on the electronic portal of their agency/unit or the managing agency for interested organizations and individuals to know and propose participation; Based on the list of proposed participating organizations and individuals, the investor shall consider and select one or multiple organizations and individuals to participate in product testing); Organizations and individuals shall research and propose solutions, technical, and technological plans; build and test the products; Report the testing results.

** In case the information technology application investment project includes investment items under telecommunications works, construction works, and other fields, the cost and quality management of those investment items shall be implemented according to the regulations of the law on telecommunications works, construction, and related specializations.

In case the project in other fields includes an information technology application item, the cost and quality management of that information technology application item shall be implemented as per the regulations in Decree 82/2024/ND-CP of Vietnam's Government.

** In case a project consists of multiple component projects or sub-projects, if each component project or sub-project can operate, exploit independently, or be executed according to the investment phases recorded in the investment policy, each component project or sub-project shall be implemented right from the investment preparation stage (except for the steps of formulating, appraising, and deciding on the investment policy) as an independent information technology application investment project.

The sequence, procedures for formulating, appraising, and approving the project of whichever group the component project or sub-project belongs shall be implemented according to the sequence and procedures of that group's project.

Decree 82/2024/ND-CP of Vietnam's Government takes effect from the date of signing and promulgation.

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