Circular 16/2014/TT-BTTTT defines the activities of software product manufacturing.

CIRCULARS

REGULATIONS FOR DETERMINING SOFTWARE PRODUCTION ACTIVITIES

Based on the Law on Information Technology dated June 29, 2006;

Based on Government Decree No. 71/2007/ND-CP dated May 3, 2007, which provides detailed regulations and guidance on the implementation of several articles of the Law on Information Technology concerning the information technology industry;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

As requested by the Director of the Information Technology Department,

The Minister of Information and Communications issued a Circular stipulating the criteria for determining software product manufacturing activities.

Article 1. Scope

This circular standardizes the software production process, requirements, and criteria for determining software product manufacturing activities.

Article 2. Subject of application

This Circular applies to management agencies, organizations, businesses, and individuals involved in the production of software products.

Article 3. Explain words

Some terms in this Circular are understood as follows:

1. Software (or software product) is a set of statements or instructions written in one or more programming languages, in a specific order, and... data or document Related to performing certain tasks or functions or solving a specific problem.

The types of software products are specified in the List of Software Products issued together with Circular No. 09/2013/TT-BTTTT dated April 8, 2013, of the Minister of Information and Communications.

2. The software product manufacturing process is a set of stages, each stage comprising one or more operations to produce a software product. The software product manufacturing process is specified in detail in Article 5 of this Circular.

3. Software product manufacturing activities that comply with the correct process are activities carried out by organizations, businesses, or individuals with legal personality as stipulated by law, participating in one or more stages in the software product manufacturing process to create new, upgrade, modify, or improve software products.

Article 4. Principles and purposes of application of the Circular

1. This Circular standardizes the software product manufacturing process and the principles for determining whether software product manufacturing activities meet the required process, serving the purpose of state management of the software industry, and providing a basis for competent authorities to consider the application of tax policies and other preferential policies.

2. Based on the actual situation and development policies in each period, the Ministry of Information and Communications shall review and adjust the process and principles for determining whether software product production activities meet the requirements to ensure suitability.

Article 5. Software Product Manufacturing Process

The software product manufacturing process includes the following seven stages:

1. Requirements definition, including tasks such as: surveying customer requirements, business analysis; gathering and developing requirements; advising on process adjustments; agreeing on requirements, and reviewing requirements.

2. Analysis and design, including tasks such as: requirements specification; problem formulation; data modeling; functional modeling; information flow modeling; software solution identification; software system design; design of software units and modules.

3. Programming, writing code, including tasks such as: writing software programs; programming software units and modules; editing, customizing, and fine-tuning software; integrating software units; integrating software systems.

4. Software testing and verification, including tasks such as: developing test scenarios, testing software units and modules; software testing; software system testing; software functional testing; software quality assessment; error assessment; determining customer satisfaction; and software acceptance.

5. Completing and packaging the software, including tasks such as: creating software description documents, installation and usage manuals; packaging the software; registering design codes; and registering intellectual property rights.

6. Software installation, transfer, user training, maintenance, and warranty, including one of the following tasks: software installation guidance; software deployment; user training and guidance; post-delivery software testing; post-delivery software bug fixing; post-delivery support and warranty; software maintenance.

7. Software product publishing and distribution, including activities such as: marketing, promotion, sales, and distribution of software products; software product publishing.

Article 6. Determining software product manufacturing activities

1. General requirements for organizations, businesses, and individuals producing software products:

a) For organizations and businesses: possess a business registration certificate, investment certificate, or a document specifying their functions and duties issued by a competent authority. For individuals: possess a personal tax identification number; have a tax declaration clearly stating the income derived from software production activities;

b) Software products produced by individuals, organizations, or businesses that fall under one of the software product categories specified in the List of Software Products issued under Circular No. 09/2013/TT-BTTTT dated April 8, 2013, of the Minister of Information and Communications.

2. The activities of organizations, businesses, and individuals are defined as software product manufacturing activities and comply with the process when the organization, business, or individual meets the requirements in Clause 1 of this Article, and the activity falls under one or more of the following cases:

a) Activities belonging to one or more stages in stages 2 to 4 of the software product manufacturing process as stipulated in Clauses 2, 3, and 4 of Article 5 of this Circular, for the software product mentioned in Point b, Clause 1 of this Article.

b) Activities mentioned in stages 1 and 5 of the software product manufacturing process as stipulated in Clauses 1 and 5 of Article 5 of this Circular, when the organization, enterprise, or individual has activities that satisfy the provisions of Point a, this Clause, for the same software product.

c) Activities belonging to stage 6 of the software product manufacturing process as stipulated in Clause 6, Article 5 of this Circular, when the organization, enterprise, or individual has activities belonging to all 5 stages from 1 to 5 of the software product manufacturing process as stipulated in Clauses 1 to 5, Article 5 of this Circular for the same software product.

Article 7. Implementation

1. The Information Technology Department is responsible for:

a) Guidance and organization for the implementation of this Circular.

b) Synthesize feedback and issues arising during implementation, and report to the Minister for consideration and adjustment of the Circular if deemed necessary.

2. Organizations, businesses, and individuals participating in the production of software products as stipulated in this Circular are responsible for:

a) I am solely responsible for the accuracy of the information in the relevant declaration documents as well as for determining the nature of my software product manufacturing activities.

b) Periodically, before March 15th of each year, submit a report on the software production activities to the Ministry of Information and Communications (Information Technology Department) in accordance with current regulations.

c) Ensure that the software production activities and software products of organizations, businesses, and individuals do not violate intellectual property laws and other relevant legal regulations.

Article 8. Terms enforcement

1. This Circular shall take effect from January 1, 2015.

2. During the implementation process, if any difficulties arise, organizations and businesses should send written documents to the Ministry of Information and Communications (Information Technology Department) for processing, resolution, guidance, or appropriate amendments and additions.

3. The Chief of Office, the Director of the Information Technology Department, the heads of agencies and units under the Ministry of Information and Communications, the Directors of the Departments of Information and Communications of provinces and centrally-administered cities, and organizations, businesses, and individuals are responsible for implementing this Circular.