Removing difficulties and obstacles in implementing information technology projects using state budget capital

This Resolution stipulates the removal of difficulties and obstacles in the implementation of projects and tasks applying information technology using state budget funds (development investment expenditures and regular expenditures), including: Procedures for implementing information technology application investment projects; total investment, estimates of information technology application investment projects; procedures for implementing information technology service procurement and rental activities.

Procedures for implementing information technology application investment projects

According to the Resolution, the process of implementing information technology application investment projects using state budget capital is carried out in accordance with the provisions of Decree No. 73/2019/ND-CP dated September 5, 2019 of the Government regulating the management of information technology application investment using state budget capital and Decree No. 82/2024/ND-CP dated July 10, 2024 of the Government amending and supplementing a number of articles of Decree No. 73/2019/ND-CP, except for the provisions on design steps; project appraisal authority, project design appraisal; appraisal time, investment decision; total investment, project estimate and specific regulations for internal software projects are carried out in accordance with the provisions of this Resolution.

Regarding design steps, the Resolution stipulates that design is carried out in 1 step or 2 steps: 1-step design includes detailed design; 2-step design includes basic design and detailed design.

In the case of 1-step design, the detailed design and cost estimate of the economic -technical report are prepared at the investment preparation stage instead of the basic design and total investment of the feasibility study report. In the case of 2-step design, the detailed design must be consistent with the approved basic design in terms of the overall model, logical model, physical model of the system or components of the system (if any).

There are 3 types of projects that apply 1-step design, including: (a) Projects using development investment funds from the state budget to purchase spare, replace, and supplement commercial hardware and software equipment in existing information systems; purchase equipment that does not require installation; purchase commercial software; purchase individual hardware equipment; purchase hardware, software, and databases that are not included in the activities specified in Clause 24, Article 3 of Decree No. 73/2019/ND-CP. The design content is implemented according to the provisions of Point b, Clause 1, Article 27 of Decree No. 73/2019/ND-CP. (b) Projects using development investment funds from the state budget or regular expenditure funds from the state budget to invest in information systems, hardware, software, and databases as prescribed in Clause 24, Article 3 of Decree No. 73/2019/ND-CP have a total investment of no more than VND 20 billion. (c) Projects using development investment funds from the state budget or regular expenditure funds from the state budget that are not in the cases prescribed in Point b above, if the investor considers that a one-step design can be made, shall report to the competent authority for investment decision to allow the one-step design to be made.

The Resolution also specifically stipulates projects that are subject to 2-step design, including: Projects that are not subject to 1-step design as mentioned above or projects specified in Point b above but the competent authority deciding on investment requires 2-step design.

Group A projects do not have to submit basic design and detailed design to the Ministry of Science and Technology for appraisal.

Regarding project appraisal authority, the Resolution stipulates that for projects using development investment funds from the state budget, the project appraisal agency is determined according to the provisions of the Law on Public Investment.

For projects using regular expenditure funds from the state budget, the competent authority deciding on investment and procurement shall establish an Appraisal Council or assign a specialized agency under its authority to organize project appraisal.

Regarding the authority to appraise basic design in case of 2-step design, detailed design in case of 1-step design, group A projects do not have to submit to the Ministry of Science and Technology for appraisal of basic design and detailed design.

For projects under the investment and procurement decision authority of ministries and central agencies, the specialized information technology unit under the authority with investment and procurement decision authority shall appraise the basic design and detailed design of the project.

For projects under the authority of local investment and procurement decisions, the specialized information technology unit under the provincial People's Committee shall appraise the basic design and detailed design of the project.

Project appraisal shall not exceed 30 working days for group A projects and not exceed 20 working days for group B and C projects.

Regarding the time for project appraisal and investment decision, the Resolution stipulates the time for project appraisal (including design appraisal time) from the date the appraisal agency receives complete and valid documents as follows:

No more than 30 working days for group A projects, of which the design appraisal time is no more than 15 working days.

No more than 20 working days for group B and C projects, of which the design appraisal time is no more than 10 working days.

Time for deciding on project investment from the date the competent authority decides on investment and receives complete and valid documents: No more than 05 working days for group A projects; no more than 03 working days for group B and C projects.

The Resolution also clearly states: Investors are allowed to self-adjust, appraise, and approve adjustments to the basic design (in case of 2-step design) or detailed design (in case of 1-step design) in case the project's objectives, scale, implementation time, and output results do not change and do not exceed the total investment (in case of 2-step design) or estimate (in case of 1-step design) that has been approved. Investors must strictly comply with the regulations on design requirements when making design adjustments, take full responsibility for the adjusted design, and submit the adjusted design to the competent authority deciding on the investment for supervision.

Total investment, project estimate for information technology application investment

According to the Resolution, the total investment and estimated budget for information technology application investment projects shall be implemented in accordance with the provisions of Articles 19 and 28 of Decree No. 73/2019/ND-CP. In particular, the method of determining some implementation costs shall be implemented in accordance with the following provisions:

Construction and installation costs; equipment costs (costs for purchasing information technology equipment; costs for creating databases; standardizing and converting for data entry, creating databases; performing data entry for databases; costs for installing equipment; installing software; testing and calibrating equipment and software; costs for training on user instructions; costs for training staff in managing and operating the system (if any); costs for implementing, supporting, managing and operating products or work items of the project before accepting and handing over all products of the project (if any)) are determined according to the method of determining costs according to quotations.

Project management costs (in case of hiring consultants and not including project investment supervision and evaluation costs) and investment consulting costs (except in cases where the investor performs the project itself) are determined according to the method of determining costs according to quotations or the method of determining costs according to experts.

Other costs (except for independent audit costs, appraisal costs, and approval of investment capital settlement) are determined according to the method of determining costs according to quotations.

The method of determining costs based on quotations and the method of determining costs based on experts shall comply with the regulations and instructions of the Ministry of Science and Technology on establishing and managing investment costs for information technology applications using state budget funds.

Procedures for purchasing and leasing information technology services

The Resolution stipulates that 4 information technology application activities using regular expenditure funds from the state budget are purchased and used in accordance with the provisions of the law on the state budget, the law on bidding, the law on management and use of public assets, and relevant legal provisions and do not require project preparation or service hiring plans according to specific requirements, including:

(1) activities as prescribed in Clause 1, Article 51 of Decree No. 73/2019/ND-CP;

(2) procurement activities for backup, replacement, and addition of commercial hardware and software (including updating commercial software copyrights) to existing information systems; procurement of equipment that does not require installation; procurement of commercial software (including updating commercial software copyrights); procurement of individual hardware equipment;

(3) Upgrading and expanding information systems, hardware, software, and databases using regular expenditures from the state budget must be implemented immediately due to changes in business processes according to regulations of legal documents;

(4) Construction, upgrading, and expansion of information systems, hardware, software, and databases using regular expenditure funds from the state budget for tasks with urgent requirements that must be implemented immediately according to the direction of the National Assembly Resolution, the Government Resolution, Decision, Directive, and document notifying the opinions of Government leaders, which if applying the provisions of Article 51a or Clause 2, Article 52 of Decree No. 73/2019/ND-CP, will not ensure completion on schedule.

The heads of ministries, central agencies, and provincial People's Committees shall decide on the application of no need to establish projects or plans to hire services according to specific requirements for the above information technology application activities. Ministries, central agencies, and provincial People's Committees shall be responsible for inspecting and supervising budget-using units in the implementation of tasks to ensure savings, efficiency, and prevention of loss, waste, and negativity. Budget-using units shall be responsible for managing and using funds to ensure proper purposes, quality, and effectiveness in performing tasks.

Information technology service leasing activities are implemented according to the provisions of Article 52 of Decree No. 73/2019/ND-CP, in which some contents are implemented according to the provisions of this Resolution as follows:

- No need to explain the choice of form of IT service rental or investment and purchase.

- Estimate of IT service rental according to specific requirements specified in Article 55 of Decree No. 73/2019/ND-CP. In which, service rental costs are determined according to the method of determining costs according to quotations; management costs (in case of hiring consultants), consulting costs (except for cases where the host hires to perform by himself) are determined according to the method of determining costs according to quotations or the method of determining costs according to experts; other costs (except for costs of examining and approving capital settlement) are determined according to the method of determining costs according to quotations.

Source: https://baodautu.vn/thao-go-kho-khan-vuong-mac-trong-trien-khai-du-an-cong-nghe-thong-tin-su-dung-von-ngan-sach-d365392.html