Circular 20/2014/tt-Btttt: Regulations On The Open-Source Software Products Preferred Procurement, Use In State Institutions, Agencies

Original Language Title: Thông tư 20/2014/TT-BTTTT: Quy định về các sản phẩm phần mềm nguồn mở được ưu tiên mua sắm, sử dụng trong cơ quan, tổ chức nhà nước

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MEDIA AND MEDIA
Number: 20 /2014/TT-BTTTT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 5, 2014

IT ' S SMART

The regulation of open source software products

is preferable to shop, use in agency, state organization.

______________________

The Information Technology Law Base June 29, 2006;

The Bidding Law base on November 26, 2013;

Base of Protocol 64 /2007/ND-CP April 10, 2007 of the Government on the Application of Information technology in the operation of the state agency;

Base Decision Base 169 /2006/QĐ-TTg July 17, 2006 of the Prime Minister rules on the investment, procurement of information technology products of the agencies, the organization that uses state budget capital and the number decision to be used in the United States. 223 /2006/QĐ-TTg October 04, 2006 by the Prime Minister on the revision of some of the provisions of the Digital Decision 169 /2006/QĐ-TTg;

Base of Protocol 132 /2013/NĐ-CP October 16, 2013 of the Government rules the functions, duties, powers, and organizational structure of the Ministry of Information and Communications;

On the recommendation of the Bureau of Information Technology,

The Minister of Information and Communications issued a regulation on open-source software products that are preferable to procurement, use in the agency, state organization.

What? 1. The adjustment range

This information provides for the category, selection criteria for open-source software products that are preferable to procurement, use in the agency, state organization, and the priority of procurement, using open-source software in the agency, state organization.

What? 2. Subject applies

1. This information applies to:

a) State agencies, political organizations, political organizations-societies, social political organizations-professions, social organizations-professions, social organizations, units of the armed forces of the people, the public career unit (later known as institutions) The state organization uses state capital to invest in, shopping for information technology products that cater to non-commercial activities;

b) The organizations, businesses engaged in construction, provide software for the agency, state organization.

2. Recommend the agencies, organizations that are not subject to the applicable subject at Article 1 This applies the regulations in this Notice.

What? 3. The selection criterion for open-source software products is prioritiled shopping, use in the agency, state organization.

Open-source software products are prioritiled shopping, used in the agency, the state organization must meet the criteria as follows:

1. The criteria for function, technical feature

a) The software has functions, technical features in accordance with the career requirements or regulations, the corresponding guidance on the application of information technology in the agencies, the organization of the state;

b) The response software is required to be compatible with the information system, the existing database of the agency, the organization.

2. The criterion for the openness and sustainability of the software

a) Software must ensure the rights: Freedom using software does not have to pay a copyright fee, freedom of redistribution of software, free software modification by need of use, freedom of redistribution of modified software (which may be free or free);

b) The software must have the source code, the installation is provided for free online (internet). The software priority is available for installation documentation, the manual documentation used in Vietnamese;

c) The software has a failed threshold of PoF (Point of Failure) from 50 points of return and a nine-source OSSM (Open Source Maturity Model) point point from 60 points or more.

What? 4. Category Regulation

1. Catalogue of open-source software products that are priorititiated, used in the agency, the state organization (later known as Category) is specified at the Appendix accompanied by this Information. Open-source software products in the Category have met the criteria for regulation at Article 3 of this.

2. Catalogue is posted on the electronic information portal of the Ministry of Information and Communications.

3. The category will be updated, supplemated to fit the development practice.

4. The specialized units of information technology of the ministries, peer agencies, government agencies and the Department of Information and Communications of the Provinces, the Central City of the Central Committee to host the council to evaluate the unacquired product of the product. the item, but meets the criteria specified in Article 3 of this information to apply within the scope of the ministry, the industry, and the local sector.

What? 5. Regulation of shopping priority, using open-source software in the agency, state organization.

1. The open-source software products are prioritiled shopping, use in the agency, the state organization including:

a) A open source software product named in the Prescribed Category at Article 4 This Information;

b) The open source software product meets the regulatory criteria in Article 3 This Smart, especially the products due to the organization, the domestic enterprise developed, perfumed, exploited, supplied.

2. The agencies, the state organization when there is a need to use state capital to invest construction, procurement, or rent use of the software that is in the Prescribed Portfolio at the Appendix of this Smart, or the software that is on the market already has a product portion. The open source, the open source, satisfy the criteria for regulation in Article 3, and it must first be priorititiated to choose the corresponding open-source software products in paragraph 1, and have to be able to clarify this preference in documents such as preliminary design, Construction design, bidding plans, investment plans, bids, offer requests, price requests, or other procurement requirements.

3. The agency, the state organization must ensure that not to make inquiries, conditions, technical features can lead to the removal of open-source software products in documents such as preliminary design, construction design, bidding plans, investment plans, business records, and more. A bid request, request a request, request a request for a request or other procurement requirements.

It's 6. The responsibility of the agencies involved

1. The Ministry of Information and Communications (Information Technology) is responsible for organizing the direction of this Implementation Of This Information; Research, proposing to modify the Information Modification to update the Open Source Software Product Category, used in the agency, the organization. The state.

2. The specialized units of information technology of the ministries, peer agencies, government agencies and the Department of Information and Communications of the Provinces, the Central City of Central City is responsible for guidance, disseminalization, rave, administers, and organizations performing. the contents of this announcement in the agencies, units of the ministry, industry or locality; aggregation of the report on the procurement situation, using open-source software in the agency, the state organization within the industry, field, locality of the Ministry of Information It ' s the rules and the media.

What? 7. The transition clause

1. In case of the investment, procurement of information technology products that have been appointed, approved and implemented before this date of this Smart Day is in effect, continue to do according to the regulations at Digital Information. 41/2009/TT-BTTTT December 30, 2009 by the Minister of Information and Communications enacted the portfolio of open-source software products that meet the requirements for use in the agency, the state organization.

2. In case of the investment, procurement of information technology products has been determined, approved but not implemented before this date of this date in effect, in accordance with the regulations at this message.

What? 8. Effect of execution

1. This message has been in effect since 20 January 2015.

2. This information replaces the Digital 41/2009/TT-BTTTT December 30, 2009 by the Minister of Information and Communications enacted the portfolio of open-source software products that meet the requirements for use in the agency, the state organization.

3. In the course of the execution, if the birth is entangled, the offer reflects on the Ministry of Information and Communications for consideration, settlement.

4. Chief of the Office, the Chief of Information Technology, the Head of the Agency, the unit of the Ministry of Information and Communications, the Prime Minister of Information Technology in the state agency, and the institutions, the individual involved in charge. This is a private practice.

Minister.

(signed)

Nguyen North Son