Thông tư 16/2014/TT-BTTTT

CIRCULAR

ON IDENTIFICATION OF SOFTWARE PRODUCTION

Pursuant to the Law on Information technology dated June 29, 2006;

Pursuant to the Government's Decree No. 71/2007/NĐ-CP dated May 03, 2007 providing guidelines for some articles on information technology industry of the Law on Information technology;

Pursuant to the Government's Decree No. 132/2013/NĐ-CP dated October 16, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications;

At the request of Director of Information Technology Administration,

The Minister of Information and Communications promulgates a Circular on identification of software production.

Article 1. Scope

This Circular provides uniform regulations on software production process, requirements and criteria for identification of software production.

Article 2. Regulated entities

This Circular is applied to regulatory bodies, organizations, companies, and individuals involved in software production.

Article 3. Interpretation of terms

Some terms in this Circular are construed as follows:

1. Software (or software product) means a combination of commands or directives written with one or some programming languages in a specific order, relevant data and documents in order to perform certain tasks or functions, or to solve some particular issues.

The types of software products are specified in the List of software products promulgated together with Circular No. 09/2013/TT-BTTTT dated April 08, 2013 of the Minister of Information and Communications.

2. Software production process means a combination of several stages; each stage consists of one or several tasks to produce a software product. Software product process are specified in Article 5 of this Circular.

3. Legitimate software production means activities of an organization, company, or individual that has a legal status who participates in one or some stages of software production in order to create new software products, or upgrade, modify, complete software products.

Article 4. Principles and purposes of this Circular

1. This Circular provide uniform software production process and criteria for identification of software production in order to serve state management of software industry and form the basis for regulatory bodies to implement tax policies and other incentive policies.

2. According to the actuality and development policies in each period, the Ministry of Information and Communications shall consider adjusting the process and criteria for identification of software production process.

Article 5. Software production process

Software production process consists of 07 stages:

1. Determination of requirements including the following tasks: determinations of customers’ requirements, analysis; collection and development of requirements; consultancy on process adjustment; aggregation and approval of requirements.

2. Analysis and design, including the following tasks: description of requirements; establishment of development algorithms; data modeling; functional modeling; information flow modeling; determination of software solutions; design of software system; design software units and modules.

3. Programming, coding, including the following tasks: software coding; programming of software units and modules; software adjustment and modification; integration of software units; integration of software system.

4. Software testing, including the following tasks: development of testing scenarios for software units and modules; software testing; software system testing; software function testing; software quality inspection; assessment of possibility of errors; determination of customers’ satisfaction; software transfer.

5. Software completion and packaging, including the following tasks: software description documents; instructions on installation and use of software; software packaging, registration of designs; registration of intellectual property rights.

6. Installation, transfer, instructions, maintenance, warranty, including the following tasks: instructions on software installation; software installation; giving instructions to users; software testing after transfer; software repair after transfer; support & warranty after transfer; software maintenance.

7. Publishing, distribution of software product, including the following tasks: marketing, advertising, selling, distribution of software product; publishing of software product.

Article 6. Identification of software production

1. Requirements applied to software producers:

a) Organizations and companies must have Certificates of Business registration, certificates of investment, or written appointments issued by competent persons. Individuals must have taxpayer ID numbers and tax declarations specifying the income from software production;

b) The software products produced are on the List of software products promulgated together with Circular No. 09/2013/TT-BTTTT dated April 08, 2013 of the Minister of Information and Communications.

2. An entity’s operation is considered software production when all of the requirements mentioned in Clause 1 of this Article are specified, and such operation satisfy any of the requirements below:

a) The operation consists of the stages from 2 thru 4 of the software production process mentioned in Clauses 2, 3, 4 Article 5 of this Circular if the software products are those mentioned in Point b Clause 1 of this Article.

b) The operation consists of Stage 1 and Stage 5 of the software production process mentioned in Clause 1 and Clause 5 Article 5 of this Circular and satisfies the requirements in Point a of this Clause with regard to the same software product.

c) The operation consists of Stage 6 of the software production process mentioned in Clause 6 Article 5 of this Circular when the entity is engaged in all 5 stages from 1 to 5 of the software production process mentioned in Clauses 1 thru 5 of this Circular with regard to the same software product.

Article 7. Implementation

1. Information Technology Administration has the responsibilities to:

a) Provide guidance and organize the implementation of this Circular.

b) Collect opinions and consider the issues that arise during the implementation, submit reports to the Minister and propose necessary amendments to this Circular.

2. Every entity engaged in software production prescribed in this Circular is obliged to:

a) Take responsibility for the authenticity of information in the declarations as well as the identification of their software production.

b) Send a report on software production to the Ministry of Information and Communications (Information Technology Administration) by every March 15, according to applicable regulations.

c) Ensure that the software production and software products do not violate regulations of law on intellectual property and relevant laws.

Article 8. Effect

1. This Circular takes effect on January 02, 2015.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Information and Communications (Information Technology Administration) for consideration.

3. Director of Information Technology Administration, heads of units affiliated to the Ministry of Information and Communications; Directors of Services of Information and Communications of provinces, organizations, companies, and individuals are responsible for the implementation of this Circular./.