| |
Decree
No. 06/ND-CP, 6 March/2000 of the Government
on Investment Co-operation With Foreign Entities in the
Fields of Medical Examination and Treatment of Diseases,
Education and Training, and Scientific Research |
| |
Decree
No. 07/NQ-CP, 5 June 2000 of the Government On the
Building and Development of the Software Industry
During the Period 2000 2005 |
| |
Decree
No. 10/ND-CP, 23 January 1998 of The Government on
A Number Of Encouragement and Guarantee Measures for Foreign
Direct Investment Activities in Vietnam. |
| |
Decree
No. 12/CP, 18 February 1997 of the Government on Setting
Forth Detailed Regulations for Implementing The Law on
Foreign Investment in Vietnam |
| |
Decree
No. 24/ND-CP, 31 July 2000 of the Government on Regulating
in detail the implementation of the Law on Foreign Investment
("FIL") in Vietnam |
| |
Decree
No. 36/CP, 24 April 1997 of the Government on Industrial
Zones, Export Processing Zones and High-Tech Zones |
| |
Decision
No.21/2001/QD-UB:
DECISION OF THE CHAIRMAN OF THE CITY PEOPLE'S COMMITTEE
Regarding
a number of preferential policies and measures for encouraging
investments in Quang Trung Software Park
|
|
|
| |
Decree
No. 02/ND-CP, 15 August 2000 of the Government on
Investment in The Basis of Build-Operate-Transfer Contracts,
Build-Transfer Contracts Applicable to Foreign Investment
in Vietnam |
| |
Circular
No. 02/TT-NH7,
18 February 1997 of the Government on regulating details
in implementing the Law on foreign investment in VN,
the state bank of Vietnam issues the guideline in foreign
exchange control of foreign invested enterprises and
foreign parties of business cooperation contracts. |
| |
Decree
No. 62/ND-CP, 15 August 2000 of the Government on
Promulgating The Regulations on Investment in The Basis
of Build-Operate-Transfer Contracts, Build-Transfer-Operate
Contracts and Build-Transfer Contracts Applicable to
Foreign Investment in Vietnam. |
| |
Decree
No.45/2000/ND-CP: DECREE OF THE GOVERNMENT
Setting Forth Regulations on Representative Offices
and Branches in Vietnam of Foreign Merchants and Foreign
Tourism Enterprises
Decision
No.128/2000/QN-TTg:DECISION OF THE PRIME
MINISTER OF THE GOVERNMENT
On a number of policies and measures to stimulate investment
And development of the software industry |
|
DECREE
NO 7
|
No. 07/2000/NQ-CP
|
THE
GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM
Independence Freedom Happiness
--------- * --------- |
|
Hanoi, 5
June 2000
RESOLUTION
OF THE GOVERNMENT
On
the Building and Development
of the Software Industry
During the Period 2000 2005
|
|
The software industry
is an important industry of the information technology sector.
The software industry includes activities of producing [and]
doing business in software products and providing software
services. The development of information technology, especially
the software industry, is the policy that has received priority
attention of our Party and the State; is one of the short-cut
[and] interception approaches in order to effect national
industrialization and modernization [and] contributes significantly
to ensuring national security.
In the implementation
of Resolution No. 49/CP dated August 4, 1993 of the Government
on the Development of Information Technology in our country,
over the past years, the information technology sector has
attained meaningful achievements that have been initially
applied to the technical and economic sectors and taught within
the national education system. The contingent of information
technology experts of university level has grown considerably.
Computer networks for specific use have been set up and brought
about its positive effectiveness in a number of socio-economic
fields, thus contributing to the task of State management.
However, up until now, there has been a lack of co-ordinated
policies and measures to encourage the building and development
of the software industry.
The development of the
software industry of our country enjoys the following fundamental
advantages: the world information technology market is growing
on a daily basis, large initial investments are not required,
Vietnamese people are capable of picking up this technology
quickly, there are many experts within the overseas Vietnamese
community who have experience in respect of the software industry
and who wish to co-operate and invest in Vietnam.
Nevertheless, the development
of the software industry of our country has been facing various
difficulties and challenges: the domestic information technology
market is still limited, telecommunications infrastructure
has yet to fully satisfy the needs for the development of
information technology in general and the software industry
in particular, the investment environment for the software
industry in our country is not yet favorable [and] there is
still a big gap in comparison with neighboring countries,
the general awareness of the overall society in respect of
the protection of intellectual property rights, especially
copyright over software products, is somewhat low.
|
I. POSITION
AND OBJECTIVES OF THE BUILDING AND DEVELOPMENT OF THE SOFTWARE INDUSTRY
>>
1. Position
|
The software
industry is a new economic industry with high added value
and great prospects. The State creates all favorable conditions
to encourage organizations and individuals of all economic
sectors to invest in and develop this industry.
The State encourages
and provides maximum preferential treatment for the development
of the software industry. Initially, attention will be given
to the form of export processing and the supply of services
to foreign companies. At the same time, the domestic market
should be expanded, and initially emphasis will be put on
the development of software in certain fields that would bring
about socio-economic efficiency in the immediate future [and]
the substitution of imported software products. The export
of software workers and packaged software shall be promptly
organized in order for the software industry of Vietnam to
step by step gain its place in the world market.
Scientific research,
technological development, training and production shall be
closely combined in order to create a premise for the subsequent
developing steps in the field of software industry. In particular,
organizations and individuals are encouraged to invest in
scientific research and technological development in this
field.
|
>> 2.
Objectives
|
To build the
software industry into a spearhead economic industry with
high growth rate, thus contributing to the modernization
and stable development of socio-economic branches, strengthening
the State management capability and ensuring national security.
To bring into
full play the intellectual potentials of the Vietnamese
people, especially the young generation [and] to prepare
human resources of high quality for the coming decades.
To strive to
reach the output value of about US$500 million by the year
2005.
|
II.
THE CONTENTS OF AND MEASURES FOR THE BUILDING AND DEVELOPMENT OF
THE SOFTWARE INDUSTRY
>>
1. Training of Human Resources
|
All forms of
training, retraining, coaching and upgrading shall be utilized
so that by the year 2005, there shall be approximately 25,000
high-level experts and professional programmers who are
fluent in English.
The Ministry
of Education and Training shall be the focal authority and
shall co-ordinate with the Ministry of Science, Technology
and the Environment and relevant Ministries and branches
in preparing and implementing the plan for quick development
of such human resources, [and] to enhance, expand and raise
the quality of software technology training within the national
education system [and] to intensify the wide-spread use
of the Internet in universities and step-by-step in the
general education schools for the purpose of serving the
task of training well.
Domestic and
overseas organizations and individuals are encouraged to
engage in the training of human resources for information
technology in general and the software industry in particular
in the form of software service enterprises and other forms.
Particular focus will be given to creating favorable conditions
for students who have graduated with other majors to be
trained and upgraded in information technology so that they
can participate in the development of the software industry.
|
>> 2. Creation of
Favorable Investment Environment.
|
The software
industry is an industry in which investment is especially
encouraged. The State will apply the maximum preferential
treatment currently in effect to enterprises engaging in
the software industry. Software products manufactured and
services supplied domestically are not subject to value
added tax. If they are exported, the tax rate of 0% and
tax refunds will be applied in accordance with the provisions
of law. The maximum preferential enterprise income tax rate
will be applied in accordance with the Law on Encouragement
of Domestic Investment (amended) and the Law on Foreign
Investment in Vietnam. The State adopts the policy of re-financing
enterprises engaging in the software industry; the re-financing
will be, at the maximum, equal to the amount of enterprise
income tax paid by the enterprise to the State budget for
re-investment in development. Preferential personal income
tax treatment for professional personnel directly participating
in the development of the software industry will be applied.
Enterprises engaging in the software industry will be entitled
to the most favorable treatment in respect of credits and
preferential treatment in respect of land use in accordance
with the provisions of law.
The Ministry
of Science, Technology and the Environment shall be the
focal authority and shall co-ordinate with the Ministry
of Finance and relevant Ministries and branches in setting
up and promulgating the rules on the organization, management
and operation of the Venture Investment Fund for the development
of high technologies, especially the software technology.
Research shall
be done to establish gateways to directly connect with the
Internet in the Hoa Lac High Technology Zone and the Quang
Trung Software Industrial Zone (Ho Chi Minh City) so that
software enterprises can easily and fully make use of Internet
services of high quality at prices competitive with the
prices of other countries in the region.
The Ministry
of Planning and Investment shall be the focal authority
and shall co-ordinate with the Ministry of Finance, the
Ministry of Science, Technology and the Environment, relevant
Ministries and branches, and the Peoples Committees of
the provinces and cities directly under the Central Authority
in computing and channeling domestic and foreign capital
sources for annual and 5-year plans for projects investing
in the development of the software industry, [and] find
ways to attract foreign direct investment (FDI) capital
and official development assistance (ODA) capital sources
for projects investing in the software industry.
Favorable conditions
shall be created for associations operating in the software
industry to contribute practically to the process of building
[and] developing the software industry, and for copyright
protection in this field.
The Committee
for Overseas Vietnamese shall co-ordinate with relevant
Ministries [and] branches in order to create all favorable
conditions for overseas Vietnamese to co-operate with and
support domestic organizations and individuals to promote
the market and the transfer of knowledge and technology.
Overseas Vietnamese are encouraged to invest, produce and
do business in software in Vietnam.
|
>> 3. Enhancement of the Effectiveness and Efficiency
of the Law
|
The Ministry
of Justice, the Ministry of Science, Technology and the
Environment, the Ministry of Culture and Information, and
relevant Ministries and branches shall urgently commence
the following tasks:
- To review for the purposes
of amending [and] supplementing, or to send submissions
to competent State authorities for the purposes of amending
[and] supplementing, statutory instruments concerning
software production, trading, service provision and copyright,
in order to encourage investment in and the development
of the software industry;
- To enhance the capability
[and] efficiency of State management authorities in regard
to the areas of information security and safety;
- To devise and implement
programs on training [and] upgrading legal knowledge of
judicial officers and legal consultants in respect of
copyright protection for software products;
- To strengthen the works
of propaganda, dissemination [and] education among the
overall society for the purpose of raising their sense
of law observance, respect for and protection of copyright
of software products; [and] to enforce copyright protection
in this field;
- To study and promulgate
appropriate policies concerning the publication [and]
inspection of software exports and imports; [and]
- To make public statistical
data regarding the information technology industry in
general and the software industry in particular in accordance
with the national economic classification system.
|
>>
4. Market Expansion
|
The Ministry
of Trade, the Ministry for Foreign Affairs, the Ministry
of Planning and Investment, the Ministry of Science, Technology
and the Environment and relevant Ministries and branches
shall organize trade promotions and create conditions for
domestic enterprises engaging in the software industry to
open branches and representative offices in the country
and abroad, to make overseas investment and to export software
workers.
Agencies, organizations
and individuals of all economic sectors are encouraged to
invest in the application of information technology, [and]
to use the products and services offered by domestic enterprises
engaging in the software industry. Conditions shall be created
for foreign software enterprises to invest and open branches
and representative offices in Vietnam.
|
III.
IMPLEMENTATION ORGANIZATION
>>
1. The Ministry of Science,
Technology and the Environment shall be the focal authority
and shall co-ordinate with the Ministry of Planning and Investment,
the Ministry of Finance, the Ministry of Industry, the Ministry
of Trade, the Ministry of Education and Training, the General
Department of Post and Telecommunications and relevant Ministries
and branches, and shall be responsible to the Government:
| a. |
To complete
the Plan for the Building and Development of the Software
Industry during the Period 2000-2005 for submission
to the Prime Minister of the Government for approval; |
| b. |
To submit
policies for encouraging investment in and the development
of the software industry to the Prime Minister of
the Government for decision and promulgation; [and] |
| c. |
To organize
the implementation of this Resolution; to monitor,
oversee and inspect and to compile reports for submission
to the Prime Minister of the Government on a periodical
basis. |
If any problems
arise during the course of implementation, the same must
be promptly reported to the Prime Minister of the Government
for instructions.
|
| >>
2. Ministers, Heads of
Ministerial-Level Authorities, Heads of Bodies Directly Under
the Government, and Chairpersons of the Peoples Committees
of provinces and cities directly under the Central Authority
are responsible for implementing this Resolution. |
|
ON THE BEHALF OF THE GOVERNMENT
PRIME MINISTER
[Signed and sealed by]
Mr.
Phan Van Khai
|
Recipients:
| |
Standing Committee of the
Political Bureau;
|
| |
Prime Minister and Deputy
Prime Ministers of the Government;
|
| |
Ministries, Ministerial-Level
Authorities and Organs Directly Under the Government;
|
| |
People's Councils and Committees
of Provinces and Cities Directly under the Central Authority;
|
| |
Central Office and Commissions
of the Party;
|
| |
Office of the National Assembly;
|
| |
Office of the President of
State;
|
| |
People's Supreme Court;
|
| |
People's Supreme Institute
of Public Prosecutions;
|
| |
Central Bodies of Associations;
|
| |
Gazette;
|
| |
Office of the Government: the
Minister and Chairman, Instrumentalities, Departments, Subordinate
Units;
|
| |
Archived at: KG (5 sets) and
documentation office
|
|
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