Decision 12/2015/qd-Ttg Dated: Issued Regulations And Implementing The Development Program Of The National E-Commerce

Original Language Title: Quyết định 07/2015/QĐ-TTg: Ban hành Quy chế quản lý và thực hiện Chương trình phát triển thương mại điện tử quốc gia

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Promulgating regulations and implementing the development program of the national electronic commerce _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Commercial Law base on June 14, 2005;
Electronic transactions Act base on November 29, 2005;
Pursuant to the law of information technology on June 29, 2006;
Pursuant to Decree No. 52/2013/ND-CP on May 16, 2013 the Government Electronic Commerce;
According to the recommendation of the Minister of industry and trade, the Prime Minister decided to enact regulations and implementing the development program of the national commerce.
Article 1. Attached to this decision on regulations and implementation of the program of development of national e-commerce.
Article 2. This decision had effect since April 20, 2015.
Article 3. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, institutions, units, the individual concerned is responsible for the implementation of this decision. 



 



(Signed) PRIME MINISTER Nguyen Tan Dung, regulations and implementation of the program of development of national e-commerce (attached to decision No. 07/2015/QD-TTg dated August 3 2015 of Prime) chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This regulation regulates the management and implementation of the program of development of national electronic commerce (hereinafter referred to as the program).
2. this Regulation applies to the unit supervisor made the proposals, projects in the program (hereinafter referred to as the host), program administration and the program beneficiaries.
Article 2. Host unit 1. Host unit is the agency that manages the State of e-commerce, the State administration of local e-commerce and e-Commerce Association of Vietnam.
2. The host units are receiving funding from the capital to implement the project and is responsible for settlement of funds as specified in paragraph 3 and 4 Article 7 of this regulation.
3. The host unit is receiving funding from investment capital development to implement the project and the funding settlement under the provisions of the investment law and the text of the current guidelines.
4. host unit was signed with the institutions, enterprises and individuals to carry out the work in the project content.
Article 3. Program beneficiaries program beneficiaries are businesses of all economic sectors, agencies, organizations and individuals who have active applications or active support of electronic commerce applications.
Article 4. The State administration of the program 1. Industry is assigned by the Government agency responsible for managing the program, responsible for performing the following tasks: a) presiding, in cooperation with the ministries, the popular local development-oriented e-commerce strategy, planning and the development of e-commerce are approved by the authority;
b) annual publication listing the priority area focuses on developing electronic commerce under the program;
c) project guidelines and project appraisal under the provisions of this regulation;
d) approve the list of project proposals, to General on the program;
DD) monitoring, examining the implementation of the project in the program;
e) organized the testing results of the project, evaluating the program in line with the goals of each project and the overall program objectives;
g) management career funding from the State budget allocated to the programme of development of national e-commerce;
h) synthesis reviews the results, reported the Prime Minister and the agencies concerned on the implementation of the program.
2. The Minister of industry and trade decided to set up the Council of appraisal of the project, the project in the program (hereinafter referred to as the Council) as an Industry leader as President; components including Industry representatives and representatives of the ministries concerned. The Council has the task of evaluating the project, the project by the host unit construction. The Council may be invited and consulted experts in the evaluation process.
3. The Bureau of Commerce and information technology unit to help the Minister of industry and trade program managers, has the task of guiding the construction, reception, preliminary assessment of the project under the provisions of this regulation; General sent to assess Council; monitoring organizations, examine the implementation of the scheme; the Organization of the project; to sum up, the report to the Minister of industry and trade; receive and manage state funding levels for the program.
Article 5. Funding the programme 1. The funding programme is formed from the following sources: a) State budget grants every year according to the plan, including investment capital and development capital in his career;
b) contribution of the organizations, the enterprises involved;
c) funding of organizations and individuals in and outside the country;
d) funds of other legal provisions of the law.
2. State budget support funds for the program according to the principle: a) the expense of often genera made the program was delivered in the estimation of the annual budget of the Ministry of industry and trade, support beneficiaries through subdivisions presided;
b) funding spent on investment and development programme was delivered in the estimation of the annual investment and development expenditure of the Agency for investment project management.
Article 6. Layout principles, criteria development investment capital from State budget sources for the projects in the program 1. The project to build and grow your e-commerce infrastructure scale and aim to ensure the connection and transfer to a regional level, national level in all the disciplines, fields supported using investment capital grow from State budget sources.
2. The rate of capital investment from State budget sources for each particular project should match the ability of balancing investment capital and the ability to mobilize other sources of legitimate capital.
3. Prioritize the funding arrangement for the application of the State from investment capital for development of construction projects and infrastructure development of national e-commerce implementation in the form of public private partnership.
4. The management, capital allocation for development projects in the program must comply with the provisions of the investment law and the text of the current guidelines.
Article 7. Manage funding from capital sources for career program 1. Industry of building plans, cost estimation program development of e-commerce in General and the national annual budget estimation of Industry, the State agencies have the authority for approval in accordance with the law.
2. After the Ministry of Finance Announces budget estimation for the program, the Minister of industry and trade to conduct program approval and funding is supported by the principle of funding support to implementation of the project of the program does not exceed the approved estimates.
3. Pursuant to decision approved the program of the Minister of industry and trade, Department of Commerce and information technology (Industry) signed the contract for implementing the project in the program with the host unit and stick, settlement funding support under the contract signed; directly implement the scheme in the program by the Department of Commerce and information technology (Industry).
4. At the latest after 15 days since the test scheme under contract, project implementation unit should complete the prescribed settlement profile.
5. The use of program funding must comply with the regulations on standards and norms, modes according to the current law and within the scope of the project was approved under the rules.
6. Funds transferred to the following year: a) the expense of budget support for the content of the programme is perform unfinished or have been delivered and signed a contract with the unit perform not handled was transferred the following year;
b) budget support funds for the program content is not delivered or is not signed with the unit of execution, must submit the State budget according to the regulations.
Chapter II CONTENT of the PROGRAM and the SUPPORT LEVEL 1 CONTENT USING INVESTMENT CAPITAL GROW article 8. Construction, infrastructure development to e-commerce 1. The following content on building of infrastructure development, electronic commerce is supported using the source development capital investment budget: a) to the payment system of the national e-commerce;
b) build solutions e-commerce payment integration;
c) build online management system for shipping activities in electronic commerce;
d) transaction infrastructure e-commerce business-business (B2B).
2. The operation is used to source development investment of the State budget including: a) stores the equipment;
b) build software and systems design, information technology and electronic trading;
c) consulting, training, business support, organization, participation and use of the system has been built.
3. Level of support: based on target characteristics, the scope of the project and the possibility of balancing investment capital grow medium term period of 5 years and every year to determine the level of funding from the central budget for each specific project.
Section 2 the CONTENT USING CAREER CAPITAL in article 9. Advocacy, dissemination, enhancing the awareness of electronic commerce 1. The activities of advocacy, dissemination, enhancing the awareness of electronic commerce include: a) building program or category of trade electronics on paper, e-newspapers, radio, television;
b) publish publications on electronic commerce;
c) media organizations about e-commerce on social networks or other forms of social media;
d) organize seminars and exhibitions in the country about electronic commerce;
DD) to build and promote the development of e-commerce;
e) build and organize the implementation of national awards of e-commerce.

2. The level of support up to 100% apply for the content specified in point b, c, e and e clause 1 of this article; maximum 70% support level applies to the contents specified in point a and d of paragraph 1 of this article.
Article 10. Training, human resource development to e-commerce 1. The training activities, the development of human resources in electronic commerce include: a) the Organization of training courses, short-term training for the business of e-commerce by the business sector and local, every training course, training a minimum of 100 participants;
b) learning resource system construction service of research, teaching and learning about e-commerce;
c) build and launch training programs in e-commerce with content tailored to the needs and practices of training objects.
2. The level of support up to 100% apply to the content of the provisions in points b and c of paragraph 1 of this article in case the beneficiaries are officials of State administration; the level of support up to 70% applies for content defined in art. 1 of this article and the contents specified in point b, point c of paragraph 1 in the case of beneficiaries are not officers of the State administration.
Article 11. Product development, e-commerce solutions 1. Development of products and solutions to support the business and State administration to deploy e-commerce application: a) online sales solution to support small and medium enterprises, according to the model of the operation or business sectors of business;
b) e-commerce trading platform, on which there are at least 300 participating businesses;
c) solutions ecommerce application on the mobile device platform, each solution must satisfy at the same time there are at least 500 users;
d) solutions to develop digital content for e-commerce;
DD) programs, the solution to build an online brand for the goods and services of Vietnam;
e) The response solutions online orders to the small and medium enterprises deploying applications;
g) security and safety information for electronic transactions;
h) applications online public services to support state management bodies and business, each application has at least 100 units used;
I) the standard exchange of data messages in electronic commerce;
k) The pilot model to support the research, building the infrastructure for electronic commerce and the operation of application software on these systems;
l) system ensures confidence for online shopping activity and mechanism of online dispute resolution.
2. The activities of product development, e-commerce solution including: a) and foreign experts Hired to advise developing solution;
b) build software and systems design to operate e-commerce solutions;
c) consulting, training, business support, organization, participation and use of the products, e-commerce solutions;
d) maintain, operate and develop the user in the first two years for the products, the solution has been built.
3. The level of support up to 70% is applied to the contents specified in clause 1 and clause 2 of this Thing.
Article 12. Building plans e-commerce application 1. The activities of building plans in electronic commerce applications include: a) organizations, survey, statistics on the situation of e-commerce applications of individuals, businesses and organizations;
b) market research related to electronic commerce;
c) research, build strategies, plans of development of e-commerce by the business sector and local.
2. The level of support up to 100% is applied to the contents specified in paragraph 1 of this article.
Article 13. International cooperation on electronic commerce 1. Join the international cooperation activities of electronic commerce under the form: a) of international cooperation activities on electronic commerce in economic organizations, international trade;
b) bilateral cooperation or multilateral aims to promote cross-border electronic trade and non-trade papers.
2. international cooperation activities on electronic commerce include: a) Union institutions participated in the sessions, workshops, events about electronic commerce in economic organizations, international trade;
b) organized the exchange of research to build the mechanism of bilateral cooperation with countries, territories in order to promote cross-border electronic trade and non-trade papers.
3. The level of support up to 100% apply to officers of the State administration; the level of support up to 50% be applied to officers of the enterprises, the organizations participating in the activities referred to in paragraph 1 and paragraph 2 of this Article.
Article 14. Strengthening the management and organizational development to e-commerce 1. The activities of capacity management and development activities organization electronic commerce include: a) held the short-term training course for the Organization, State regulators about electronic commerce;
b) join the short-term training course abroad for the Organization of State regulators, about e-commerce;
c) published documentation, reference material about the governance experience of e-commerce in developing countries.
2. The level of support up to 100% is applied to the contents specified in paragraph 1 of this article.
Article 15. Other activities other activities belonging to the programs of development of national e-commerce and the level of support by the Prime Minister to decide for each specific case.
Chapter III CONSTRUCTION and IMPLEMENT the PROGRAM section 1 PREPARE and IMPLEMENT the PROJECT USING INVESTMENT CAPITAL DEVELOPMENT article 16. Prepare and implement the project using private capital in development of programs of development of national e-commerce 1. The proposed content of investment policy and the implementation of investment projects in construction and infrastructure development, ecommerce using investment capital grow apply according to the current rules on the use of public investment funds.
2. project appraisal process: a) unit chaired the project submitted the project to the authority before 31 March of the year before the year of the plan. Before 31 May of the same year, the authority to notify the host unit on the valuation results.
b) results of assessment authority is compulsory in profile the authority to approve the project.
3. The rate of capital investment from the State budget of the project must ensure progress made and fit with the ability to balance capital resources development State budget by sector, areas in the medium-term plan and annual plan.
Section 2 BUILD and EXECUTE the PROJECT to USE CAREER RESOURCE article 17. Construction of the project 1. The host unit to build projects to include the following: a) presentation experience, the capacity of the host;
b) the need for and suitability of the scheme;
c) The content of the activity;
d) detailed budget estimates, the proposed level of support from funding programs, funding for the application (if any);
DD) progress made;
e) results and planned products;
g) reviews the effectiveness and impact of the project.
2. The scheme should meet the following requirements: a) consistent with the development needs of e-commerce business and the community;
b) consistent with the orientation of development of e-commerce has been approved by the authority;
c) fits with the strategy, the development of the economic regions, local branches have been approved by the Government;
d) consistent with the content of the program of development of national e-commerce each stage due to the Prime Minister for approval;
DD) ensuring viability: deployment methods; time, the progress; human resources, financial and technical infrastructure;
e) for the project implementation process that lasted over 2 fiscal years, the host must build the content and funding for each year.
Article 18. Reception, reviews the project 1. Host unit sent the project to the Department of Commerce and information technology (Industry) before 31 March of the year before the year of the plan.
2. The Bureau of trade electronics and information technologies based on the requirements, project selection criteria, reviews the content of the project and submit evaluation board.
Article 19. Appraisal, approval of the project 1. Authority conducting the evaluation of proposals by the Bureau of trade electronics and information technology.
2. On the basis of the results of the assessment authority, the Bureau of Commerce and information technology in General, the Minister of Industry for approval.
Article 20. Adjust the project implementation and termination 1. Case of adjustment, change content or termination of the project has been approved, the unit hosted must have text to explain clearly the reasons and propose options to adjust send e-commerce Bureau and the information technology evaluation.
2. in case of need to change content to suit the project requirements and particular situation, on the basis of the text proposed by the unit, the Bureau of Commerce and information technology, the Minister of Industry to review the decision.
3. where the host unit does not perform properly the objective, content, the progress of the project has been approved or content scheme deems no longer appropriate, the Bureau of Commerce and information technology, the Ministry of industry and trade review, decided to discontinue the project.
4. in case of fail or do not complete the project in the year of the plan, the host is responsible for reporting the Department of electronic commerce and information technology to the Minister of Industry to review the decision.
5. After having decided to adjust or terminate the project, Industry made the move cost the leftovers (if any) to complement the approved projects incurred increased funding, the new scheme.
Chapter IV IMPLEMENTATION article 21. The responsibilities of the Ministry 1. Industry a) chaired the Guide and organize the implementation of this regulation b) presiding, in cooperation with relevant agencies to monitor, examine the implementation of the program, ensure the program is done according to the requirements, goals, content, progress and rule of law;

c) is responsible for monitoring, general implementation of the programme; the Prime report the problem in addition to the provisions of this regulation or exceed the authority;
d) summarizes the implementation of the regulation; the report from the prime consideration, decided to amend and supplement the Statute in case of need.
2. The Ministry of Finance: a) annual funding arrangement to implement the operational content of the program under the provisions of the law on the State budget;
b) in collaboration with Industry guidance, test, monitor the implementation of the program.
3. Ministry of planning and investment: a) redeploying investment capital for development investment projects implementation in program content;
b) in collaboration with Industry guidance, test, monitor the implementation of the program.
Article 22. The responsibility of the host unit 1. Implementation of the scheme approved in accordance with the objectives, content, scheduling, estimation of signed contract; ensure use of funds saving, effective and responsible for the content of the genus according to current financial regime.
2. submit a report on the implementation of the project on electronic commerce Bureau and information technology before 1 December of that year.
3. Provide adequate documentation, accurate information related to the implementation of the scheme and create favorable conditions for the inspection, monitoring, according to the regulations.
Article 23. Inspect, implement the program 1. Industry in collaboration with the Ministry of finance, the Ministry of planning and investment, check periodically, irregular; reviews of the implementation of the mission, the goal of the project, ensuring the management, using the cost of the program is made for your purposes, saving, efficient.
2. Industry does not receive the scheme over the next year for single host violation of the obligation specified in clause 1 and 2 Article 22 of this regulation.
3. Industry does not receive the scheme in the next 3 years in case of a Single host violation of the obligation provided for in paragraph 3 to article 22 of this regulation.
4. The organization and individual violations of these rules, depending on the level of violation will be handled according to the current law./.