Thông tư 34/2025/TT-BKHCN quy định về sản phẩm, dịch vụ công nghệ số được hưởng ưu đãi về lựa chọn nhà thầu trong thuê, mua sắm sản phẩm, dịch vụ công nghệ số sử dụng vốn ngân sách nhà nước do Bộ trưởng Bộ Khoa học và Công nghệ ban hành

CIRCULAR

ON DIGITAL TECHNOLOGY PRODUCTS AND SERVICES ENTITLED TO PREFERENTIAL TREATMENT IN CONTRACTOR SELECTION IN THE LEASE AND PROCUREMENT OF DIGITAL TECHNOLOGY PRODUCTS AND SERVICES USING THE STATE BUDGET FUNDS

Pursuant to the Law on Digital Technology Industry No. 71/2025/QH15;

Pursuant to the Law on Bidding No. 22/2023/QH15 as amended by Law No. 57/2024/QH15 and Law No. 90/2025/QH15;

Pursuant to Decree No. 214/2025/ND-CP of the Government on elaboration of and guidelines for the implementation of the Law on Bidding regarding contractor selection;

Pursuant to Decree No. 55/2025/ND-CP of the Government on functions, duties, powers and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director of the Department of Information Technology Industry;

The Minister of Science and Technology promulgates the Circular on digital technology products and services entitled to preferential treatment in contractor selection in the lease and procurement of digital technology products and services using the state budget funds.

...

...

...

1. This Circular elaborates Clause 1 Article 31 of the Law on Digital Technology Industry regarding digital technology products and services entitled to preferential treatment in contractor selection in accordance with the law on bidding.

2. In case an international treaty to which Vietnam is a member contains provisions different from those of this Circular, the provisions of such international treaty shall apply.

Article 2. Regulated entities

This Circular applies to agencies, organizations, enterprises and individuals participating in or related to the lease and procurement of digital technology products and services using the state budget funds.

Article 3. Digital technology products and services entitled to preferential treatment

Digital technology products and services entitled to preferential treatment are those that concurrently satisfy the provisions set out in Clause 1, Clause 2 and Clause 3 of this Article:

1. Digital technology products that are designed and owned, and digital technology services that are owned or authorized to be provided, by one of the following entities:

a) Vietnamese organizations and enterprises as referred to in this Circular, being enterprises established or registered for establishment in accordance with Vietnamese law and having their head offices in Vietnam; and not falling under the cases specified at points a, b and c Clause 1 Article 23 of the Law on Investment. In case the provisions at points a, b and c Clause 1 Article 23 of the Law on Investment are amended, supplemented or replaced, the newly promulgated provisions shall apply.

b) Individuals who are Vietnamese nationals.

...

...

...

3. Specific provisions corresponding to each type of digital technology product entitled to preferential treatment are provided for in Article 4 and Article 5 of this Circular.

Article 4. Specific provisions applicable to hardware products entitled to preferential treatment

1. Hardware products are entitled to preferential treatment when concurrently satisfying the provisions at point a and point b of this Clause:

a) The design of hardware products (including requirement specifications, system architecture, detailed design, schematic diagrams, printed circuit board layout, semiconductor integrated circuit layout design and other related technical documents) is owned by Vietnamese organizations or enterprises or by individuals who are Vietnamese nationals. Ownership shall be established through self-performance of the design, or through hiring other persons including Vietnamese nationals to perform the design, or through purchase of such design from other entities.

b) The trademark affixed to the hardware products must be owned by Vietnamese organizations or enterprises or by individuals who are Vietnamese nationals.

2. Vietnamese organizations or enterprises or individuals who are Vietnamese nationals shall prove their ownership of the hardware design specified in Clause 1 of this Article by one of the following documents:

a) Patent protection titles, utility solution protection titles, industrial design protection titles, or Certificates of registration of layout designs of semiconductor integrated circuits issued by the regulatory agency in charge of industrial property rights of Vietnam or by a competent foreign authority.

b) Certificates of copyright registration issued by the regulatory agency in charge of copyright and related rights.

c) Other documents proving ownership of objects of industrial property rights and copyright in accordance with the law.

...

...

...

a) Certificates of trademark registration issued by the regulatory agency in charge of industrial property rights;

b) Decisions on acceptance of protection of international trademark registration in Vietnam;

c) Other lawful documents proving ownership of trademarks in accordance with the law on intellectual property.

Article 5. Specific provisions applicable to software products entitled to preferential treatment

1. Software products are entitled to preferential treatment when satisfying one of the following provisions:

a) The design and development of software products (including architecture, detailed design, source code and other related technical documents) are owned by Vietnamese organizations or enterprises or by individuals who are Vietnamese nationals.  Intellectual property rights to the design, source code and software products are established through self-performance of the design and source code development, or through hiring other persons including Vietnamese nationals to perform the design and source code development, or through purchase of such design and source code from other entities.

b) The design and development of software products (including architecture, detailed design, source code and other related technical documents) are developed based on open-source code and the intellectual property rights are owned by Vietnamese organizations or enterprises or by Vietnamese individuals, or such design and source code are used by such entities or individuals.

2. Vietnamese organizations or enterprises or individuals who are Vietnamese nationals shall prove their ownership of the design and source code of software products specified in Clause 1 of this Article by one of the following documents:

a) Certificates of copyright registration issued by the regulatory agency in charge of copyright and related rights.

...

...

...

Article 6. Responsibilities of Vietnamese organizations, enterprises and individuals that have digital technology products and services entitled to preferential treatment

Vietnamese organizations, enterprises and individuals that have digital technology products and services entitled to preferential treatment shall:

1. Ensure the quality of digital technology products and services entitled to preferential treatment as published information throughout the provision of preferential products.

2. Independently prove their satisfaction of the criteria specified in Article 3 of this Circular in order to be entitled to preferential treatment in accordance with the law on bidding, and shall be held accountable for the accuracy of the information provided.

3. Provide and update relevant information on digital technology products and services entitled to preferential treatment on the National information system on digital technology industry and on the official websites of Vietnamese organizations, enterprises and individuals.

Article 7. Transitional provisions

Investment, lease and procurement activities for digital technology products and services that satisfy the criteria and have been published in accordance with Circular No. 40/2020/TT-BTTTT dated November 30, 2020 of the Minister of Information and Communications on criteria for identification of domestically produced information technology products and services entitled to priority in investment, lease and procurement, for which expressions of interest applications, prequalification applications, bidding applications or request-for-proposal applications have been approved and issued prior to the effective date of this Circular, shall continue to be implemented in accordance with the approved contents, except where the application of the provisions of this Circular is selected.

Article 8. Entry into force and responsibilities for implementation

1. This Circular comes into force as of January 1, 2026.

...

...

...

3. Agencies and organizations using the state budget funds to lease and procure digital technology products and services shall be responsible for monitoring and supervising the updating of information relating to digital technology products and services entitled to preferential treatment on the National information system on digital technology industry.

4. The Department of Information Technology Industry (Ministry of Science and Technology) shall take charge and coordinate with relevant agencies in providing guidance on the implementation of this Circular. During the course of implementation, if any difficulties arise, feedback should be sent to the Ministry of Science and Technology (Authority of Information Technology Industry) for timely resolution.

5. The Chief of the Office, the Director of the Department of Information Technology Industry, the Directors of the Departments of Science and Technology of centrally-affiliated provinces and cities, and relevant agencies, organizations, enterprises and individuals shall implement this Circular./.

MINISTER




Nguyen Manh Hung