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The Decision 226/1999/qd-Ttg Dated: Regulated The Responsibility Of Agencies, Units And Individuals In The Matter, Handle And Troubleshoot The Computer 2000

Original Language Title: Quyết định 226/1999/QĐ-TTg: Quy định trách nhiệm của các cơ quan, đơn vị và cá nhân trong việc đề phòng, xử lý và khắc phục sự cố máy tính năm 2000

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The DECISION stipulates the responsibility of agencies, units and individuals in the matter, handle and fix the computer in 2000 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on Government Organization, 30 September 1992;
In order to enhance the accountability of the agencies, units and individuals in the matter, handle and fix the computer in 2000;
According to the recommendation of the Minister of science, technology and environment, Chairperson 2000 troubleshooting, decision: article 1. To prevent, handle and troubleshoot the computer 2000 is the responsibility of all agencies, units and individuals who have used information technology.
Article 2. Fix Steering Committee in 2000 the Government has the responsibility to: 1. Guide the overall coordination of activities to prevent, treat and overcome the effects of the year 2000 computer problem of ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central and related units;
2. The Prime Minister's general report on the situation, the potential impact of the year 2000 computer problem in Vietnam;
3. Direction, research, dissemination, implementation of measures to prevent, treat, overcoming the effects of the year 2000 computer problem; enlist the help of international cooperation and to prevent, handle and fix the computer in 2000;
4. The assignment of officers available 24/24 hours in the day likely triggered the issue; take measures to control the information about the situation of problems and timely direction to the agencies, the unit where babies really trying to implement plans to correct the problem and promptly reported the Prime Minister.
Article 3. The Secretary of the Ministry, ministerial heads, government agency, the people's Committee and the unit is responsible for guiding, urge and examine bodies, units of its management rights to implement measures to prevent, treat and overcome the influence of computer problems in 2000.
Article 4. The Agency, the unit when making the vigilance, handle and troubleshoot the computer 2000 must follow the general process of national action plan attached to decision No. 1372/1999/QD-BVHTT on 24th July 1999 of the Minister of science, technology and the environment specifically, includes the following content: 1. Raise awareness of the year 2000 computer problem;
2. Inventory information devices;
3. Planning the fix;
4. Deploy the fix;
5. check after overcoming;
6. Install;
7. Set the backup plan.
Article 5. When implementing the measures to prevent, handle and fix the computer in 2000, the heads of agencies are responsible for: 1. Self-organization, urge, check the implementation of the provisions of the Government of the Prime Minister, and the rules, procedures, instructions of the Ministry of science, technology and environment and troubleshooting Steering Committee in 2000 of the Government on the rooms, handle and fix the computer in 2000;
2. Ensuring funding for work to prevent, handle and fix the 2000 computer a reasonably and effectively from the funding source has been granted; priority funding to fix the computer in 2000 for the equipment and critical applications can cause great damage and influence if outages or false activity;
3. building plans according to the content specified in the Guide number 224/PSC-SC 2000 of 20 August 1999 by the Steering Committee to resolve the year 2000 of the Government; Depending on the specific requirements of each unit organs that have the appropriate response organization consisting of experts on Informatics, finance and experts in other related fields, ready to assist where the incident occurred.
Article 6. In addition to the responsibilities set forth in article 5 of this decision, the Agency, key units that provide public services have the responsibility: 1. To provide information on results to troubleshoot your computer in 2000 for the agencies, organizations and units are required;
2. Notice of the situation and the level of preparedness ' ready ' in 2000 '' by the Agency, unit on the mass media.
Article 7. Heads of agencies are responsible for: 1. Organizing, directing, inspecting the implementation of the deployment process to troubleshoot the computer in 2000;
2. Directly confirmed by the decentralized implementing deployment process troubleshooting the 2000 computer for computers, networking equipment and communication equipment, computer system support, software, embedded system as a rule attached to decision No 1903/1999/QD-BVHTT on October 27, 1999 of the Minister of science , Technology and the environment;
3. Organize and steer the trial plans; implement measures to correct the problem happening to ensure continuous operation of the unit, and minimize the losses;
4. Guarantee of the level of ' ' ready in 2000 '' in its management scope;
5. The report fully, accurately and on time to the competent authorities on the content, the progress of the activities to prevent, handle and fix the computer in 2000; compatibility level, the level of ' ' ready in 2000 '' in the Agency.
Article 8.
1. Fix Steering Committee in 2000 the Government established permanent Division working 24 hours on 31 December 1999; May 1, 2, 3, 7; on January 28, February 29 and March 1, 2000 for directing, coordinating the activities of computer troubleshooting, 2000, implementation plans countries when necessary, promptly reported the Prime related issues;
2. in the December 31, 1999; May 1, 2, 3, 7, 28, 29, and on 1 March 2000, the heads of the agencies, units, Chairperson 2000 troubleshooting of bodies, the unit must be positioned direct Agency staff 24 hours a day. The Agency, the unit must be set to "hot line" to timely steer handle Steering Committee report and fix Government in 2000;
3. Chairperson fix 2000, heads of agencies, subdivisions are defined specific tasks of each person in the standing parts, method of communication and reporting; Notice the phone number of '' hot line '' for the General Department of post and Telecommunications Corporation or local post office, and prescribing the method of contact in the case of the network the phone is the problem;
4. The General Department of post, Telecommunication Corporation and the post office, the city has a responsibility to ensure continuity through '' hot line '' of the Agency, the unit and fix it Steering Committee in 2000.
Article 9. When computer problems in 2000, the Agency, the unit where the crash must perform the following activities: 1. Quickly implement standby; implement measures to ensure the minimum functioning of information technology equipment and limit the damage caused by the incident caused; search for optimal measure to correct the problem in the shortest time; timely notification about the incident to the relevant partners to stop the spread of influence of the incident; reporting to the supervisor about the incident as well as on measures of processing and backup plan has been applied;
2. The bodies, the unit needs to have the coordination, support each other to quickly deploy backup plan, find remedies for the problem.

Article 10. When receiving information have the 2000 computer problem happened in each agency, superior units directly responsible for nominating experts to the site of the incident to steer the fix and report to the Steering Committee of the 2000 troubleshooting of ministries or local to the synthesis report of the Steering Committee to resolve the year 2000 of the Government; in coordination with the authority, the relevant units to mobilize support to troubleshoot.
For serious problems, troubleshooting Steering Committee in 2000 of the Government must promptly report the Prime Minister.
Article 11.
1. The Heads of the agencies, the unit does not do or knowingly violate the rules, so that the computer problem happened in 2000, depending on the nature and level of violation the rules of precaution, handle and troubleshoot computers in 2000 and the level of induced consequences which may be disciplined or arrested save for criminal liability under the provisions of the law;
2. lack of personal responsibility or deliberate acts of violation of the rules of precaution, handle and fix the computer in 2000 then depending on the nature and severity of the violation and the degree of induced consequences which can be handled administratively or prejudice criminal liability in accordance with the law;
3. The bodies, the unit, the individual does not comply with the proposed regulations, handle and fix the computer in 2000, or taking advantage of the 2000 computer problem to business, make illegal benefits, cause damage to organs, units, individuals and others in addition to processing as defined in clause 1 , 2 things have to compensation under the provisions of the law.
Article 12.
1. The Agency, unit and individual suffers damage due to the year 2000 computer issue cause have the right to request the parties to provide the equipment, the software and the service damage compensation as prescribed by law;
2. In the case of multiple parties at fault in causing the 2000 computer problem causing damage to one side, then the parties must jointly compensate the injured party according to the degree of fault of the parties under the provisions of the law. The party causing the damage compensation responsibility only to the extent corresponding to the level of his error;
3. where does not determine the degree of fault, the damaging party to compensation under equal portions.
Article 13.
1. the party suffers damage due to computer problems in 2000 caused only compensation for direct damages and must have enough base and not be compensation if damage occurs entirely his fault cause;
2. the accused has the right to damage compensation proof of the damage that the damaged party can be avoided to exclude damages out of damage compensation.
Article 14.
1. The agencies, units and individuals may be waived or reduced if the damage compensation liability has to comply with the regulations, instructions on the procedure to prevent, handle and fix the computer in 2000 and when the incident happened has maximum mobilization of financial ability technical and human resources, allowing to overcome that damage persists;
2. Encourages the parties to negotiate, mediate with each other in order to clarify the causes, the responsibilities of each party and the extent of damage to resolve satisfactorily the interests of the State and other stakeholders;
3. The parties are not taking advantage of the principles of mediation to handle issues related to his interests but harm the interests of the State and society.
Article 15. The dispute related to the compensation for damage caused by the year 2000 computer problem caused is resolved as follows: 1. the damaged Party must send a written claim for damages for the direct parties to provide equipment, software, and services. Within 30 days from the date of the written request, by directly providing the equipment, the software, the service must have a written reply stating the specific plans to address the consequences of the incident.
Within a period of 60 days from the date of the damaged party receive text replies, direct party equipment, software or services must implement remedial plans due to the 2000 computer problem caused.
2. If the remedy provided by the direct party equipment, software or services performed do not yield results, then the injured party has the right to complain or ask the Court to have jurisdiction.
3. The provisions of this decision shall not apply to the case of the 2000 computer problem caused damage to the health, life of the individual.
Article 16. Prohibiting the use of computer problems in 2000 to benefit business, the main axis of any damage to the interests of the State, of the units and individuals.
Article 17. This decision is effective from the date of signing. Chairperson fix 2000, Secretary of the Ministry, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities and agencies, relevant units responsible for the implementation of this decision.