Decree No. 82/2024/ND-CP resolves many "bottlenecks" in IT application investment of state agencies

Solving many "bottlenecks" in the investment in information technology application of state agencies

In the context of promoting the strong and urgent implementation of digital transformation tasks to achieve the goals of the National Digital Transformation Program to 2025, with a vision to 2030, digital transformation projects and plans of ministries, branches and localities, the Prime Minister's signing and promulgation of the Decree amending and supplementing Decree No. 73/2019/ND-CP is very timely, demonstrating the political determination and the Government's close and drastic attention and direction in removing obstacles and "bottlenecks" in institutions and policies for digital transformation implementation.

The issuance of the Decree amending and supplementing Decree No. 73/2019/ND-CP is very timely, demonstrating the political determination, attention, and close and drastic direction of the Government in removing obstacles and "bottlenecks" in institutions and policies for digital transformation implementation.

With this amended and supplemented Decree, major problems in investment activities in applying information technology to serve digital transformation have been resolved, many "bottlenecks" in investment in applying information technology have been removed for state agencies when implementing strategies, programs, projects, and plans for digital transformation.

Decree 82 has Strongly institutionalize investment and procurement activities for popular software that many ministries, central and local agencies have the need to invest in, purchase, and hire information technology services that are similar in terms of basic functions and technical features nationwide or within the scope of industries, specialties, and fields. Accordingly, specialized ministries are responsible for reviewing, developing, and announcing the list and basic functions and technical features of popular software for industries, specialties, and fields; the Ministry of Information and Communications is responsible for reviewing, developing, and announcing the list and basic functions and technical features of popular national software; organizations and individuals providing popular software are responsible for publicly announcing popular software products that they have built and developed to meet those basic functions and technical features.

This regulation is expected to solve the potential problem of waste and loss of state budget that may occur in investment in information technology application.

The Decree has amended the provisions of the law on management of investment in information technology applications using state budget capital to synchronize and comply with the provisions of the current investment law, state budget law, and bidding law, while still ensuring consistency with reality:

- Amend and remove the regulations on budget limits for one-step and two-step design cases; strongly decentralize to the competent authority to decide on investment design plans for information system, hardware, software, and database investment projects to ensure effective project management and implementation. This regulation applies to both information technology application investment projects using development investment funds and to investment and procurement activities for information systems, hardware, software, and databases using regular expenditure funds;

- Supplementing regulations on "information technology equipment" including hardware, software and databases to resolve difficulties in transferring state budget sources for purchasing goods and information technology equipment; at the same time, affirming that the construction, development, upgrading and expansion of internal software are activities of purchasing information technology equipment.

- The official law specifically stipulates the method and way to determine the value of software built, developed, upgraded, and expanded based on commercial software, open source software, digital platforms, code frameworks, based on artificial intelligence (AI) technology, blockchain, virtual reality/augmented reality (VR/AR), etc. This regulation is expected to resolve many years of recommendations and problems of many agencies and organizations in investment activities in applying information technology in the context of strong application of new technologies in building software and digital platforms.

- Request obligatory Implement maintenance, operation, and product maintenance of information technology application investment projects; State agencies must be responsible for implementing so that information systems and digital platforms are operated stably, regularly, continuously, and effectively. In particular, the " bottleneck " in funding sources is removed with mandatory regulations to ensure funding for this activity.

At the same time, the Decree affirms that leasing information technology services is a priority form of implementation in information technology application activities serving digital transformation. However, to avoid the situation of "abusing" this form, the Decree has added a provision that before leasing information technology services, state agencies must compare the advantages and disadvantages between new investment and procurement and leasing information technology services based on the specific conditions and situations of their agencies, as a basis for competent authorities to decide on the form of implementation. At the same time, the service leasing period is extended to a maximum of 08 years to ensure stability, continuity and efficiency in exploiting and using services.

Cut down on administrative procedures

Decree No. 82/2024/ND-CP was issued without creating additional administrative procedures. between state agencies in investment, procurement, and leasing of information technology services; but also to cut down 02 more internal administrative procedures and simplify 02 more internal administrative procedures. Thus, currently, the administrative procedures in Decree No. 73/2019/ND-CP and Decree No. 82/2024/ND-CP are the minimum necessary procedures related to the submission, appraisal, and approval of information technology application investment projects and information technology application activities./.

Source: https://mic.gov.vn/nghi-dinh-so-82-2024-nd-cp-giai-quyet-nhieu-diem-nghen-trong-cong-tac-dau-tu-ung-dung-cntt-cua-co-quan-nha-nuoc-197240712082411357.htm