Decree No. 59/2020/ND-CP databases on execution of criminal judgments

DECREE

Providing databases on execution of criminal judgments^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 14, 2019 Law on Execution of Criminal Judgments;

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the November 19, 2015 Law on Cyberinformation Security;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree providing databases on execution of criminal judgments.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree provides the building of, and collection, storage, processing, protection, exploitation and use of information in, databases on execution of criminal judgments (below referred to as building, management and use of databases on execution of criminal judgments); and responsibilities and powers of related agencies, organizations and individuals in the building, management and use of databases on execution of criminal judgments.

Article 2.Subjects of application

This Decree applies to criminal judgment execution management agencies, criminal judgment execution agencies, and agencies, organizations and individuals involved in the building, management and use of databases on execution of criminal judgments.

Article 3.Principles of building, management and use of databases on execution of criminal judgments

1. Compliance with the Law on Execution of Criminal Judgments, this Decree and other relevant regulations.

2. Adequate, prompt, accurate, objective, scientific collection and update and proper and lawful exploitation and use of information related to execution of criminal judgments by persons and commercial legal persons serving sentences or judicial measures.

3. Confidentiality of personal information of persons and information of commercial legal persons serving sentences or judicial measures in accordance with law.

4. The management, connection and sharing of data in databases on execution of criminal judgments must comply with the Government’s Decree No. 47/2020/ND-CP of April 9, 2020, on management, connection and sharing of digital data of state agencies.

Chapter II

BUILDING, MANAGEMENT AND USE OF DATABASES ON EXECUTION OF CRIMINAL JUDGMENTS

Article 4.Databases on execution of criminal judgments

1. A database on execution of criminal judgments is a collection of information on the actual state and results of execution of criminal judgments and other information related to persons and commercial legal persons serving court judgments or rulings on penalties and judicial measures.

2. Databases on execution of criminal judgments uniformly managed by the Ministry of Public Security constitute part of the national database system on information for crime prevention and combat to serve the state management of execution of criminal judgments.

3. Databases on execution of criminal judgments include:

a/ Database on execution of criminal judgments in the People’s Public Security forces;

b/ Database on execution of criminal judgments in the People’s Army.

The database on execution of criminal judgments in the People’s Public Security forces shall be connected with the database on execution of criminal judgments in the People’s Army. After reaching agreement with the Ministry of National Defense, the Ministry of Public Security shall provide guidance on connection, provision and exchange of data between the database on execution of criminal judgments in the People’s Public Security forces and database on execution of criminal judgments in the People’s Army.

Article 5.The database on execution of criminal judgments in the People’s Public Security forces

1. As an agency managing the database on execution of criminal judgments, the Criminal Judgment Execution Management Agency of the Ministry of Public Security shall build, manage and use such database nationwide.

2. Criminal judgment execution agencies of provincial-level Departments of Public Security, criminal judgment execution agencies of district-level Divisions of Public Security, prisons and detention camps shall:

a/ Collect and update information, and exploit the database on execution of criminal judgments under their management;

b/ Provide data on execution of criminal judgments to the Criminal Judgment Execution Management Agency of the Ministry of Public Security.

Article 6.The database on execution of criminal judgments in the People’s Army

1. The Criminal Judgment Execution Management Agency of the Ministry of National Defense shall:

a/ Build, manage and use the database on execution of criminal judgments in the People’s Army;

b/ Provide data on execution of criminal judgments in the People’s Army to the Criminal Judgment Execution Management Agency of the Ministry of Public Security for building the database on execution of criminal judgments.

2. Criminal judgment execution agencies of military zones, prisons and detention camps in the People’s Army shall:

a/ Collect and update information, and exploit the database on execution of criminal judgments under their management;

b/ Provide data on execution of criminal judgments to the Criminal Judgment Execution Management Agency of the Ministry of National Defense.

Article 7.Building of databases on execution of criminal judgments

1. Databases on execution of criminal judgments shall be built in a synchronous, centralized and uniform manner for common use nationwide.

2. Databases on execution of criminal judgments shall be built in conformity with standards and technical regulations on application of information technology; and must ensure information security and compatibility and interconnectivity among information systems.

3. The structural architecture of databases on execution of criminal judgments must be compatible and capable of integrating and sharing data with other related professional databases managed by the Ministry of Public Security; and ensure their expansion, upgrading and development.

Article 8.Information in databases on execution of criminal judgments

1. Information on the actual state and results of criminal judgment execution in databases on execution of criminal judgments includes:

a/ Statistics on persons and commercial legal persons serving sentences or judicial measures;

b/ The actual state and results of execution of criminal judgments against persons and commercial legal persons serving sentences or judicial measures;

c/ Human resources, physical foundations, and technical and professional equipment and devices to serve the execution of criminal judgments.

2. Basic information on persons serving sentences or judicial measures in databases on execution of criminal judgments includes:

a/ Judgments and rulings executed under Article 2 of the Law on Execution of Criminal Judgments;

b/ Personal backgrounds of persons serving sentences or judicial measures;

c/ Summary of commission of crimes;

d/ Previous convictions;

dd/ Previous disciplines or administrative violations;

e/ Civil obligations in criminal judgments and performance thereof;

g/ Detailed process of the serving of judgments or judicial measures, including postponement or suspension of the serving of judgments; exemption from or reduction of the judgment serving period; conditional early release of inmates and cancellation of decisions on conditional early release of inmates; forced serving of imprisonment sentences under judgments permitting suspended sentences; suspension of execution of the judicial measure of forcible medical treatment; postponement or suspension of execution of the judicial measure of education at reformatories; early termination of execution of the judicial measure of education at reformatories; settlement of cases where persons serving sentences or judicial measures abscond or die; results of the serving of sentences or judicial measures;

h/ Places where persons serving sentences or judicial measures come to reside or work after completely serving their sentences or judicial measures.

3. Basic information on commercial legal persons serving sentences or judicial measures in databases on execution of criminal judgments includes:

a/ Judgments or rulings executed under Article 2 of the Law on Execution of Criminal Judgments;

b/ Information on commercial legal persons serving sentences or judicial measures;

c/ Summary of commission of crimes;

d/ Civil obligations in criminal judgments and performance thereof;

dd/ Detailed process of the serving of judgments or judicial measures, including coerced execution of judgments, transfer of the judgment execution obligation; results of the serving of judgments or judicial measures.

4. Forms of information collection and updating:

a/ Periodical reports, case-by-case reports or specialized reports on execution of criminal judgments and statistics made according to forms provided by the Minister of Public Security and Minister of National Defense;

b/ Files of persons and commercial legal persons serving sentences or judicial measures;

c/ Other related databases;

d/ Other forms.

Article 9.Storage of e-data on execution of criminal judgments

1. E-data on execution of criminal judgments shall be created on the basis of digitalizing files of the serving of sentences or judicial measures and paper professional documents, structured in conformity with standards on input information data to ensure their integrity and consistency with professional files and documents, and stored for a long term.

2. In case of an inconsistency between e-data on execution of criminal judgments and paper professional files and documents, criminal judgment execution management agencies and criminal judgment execution agencies shall check and verify inconsistent information before correcting it appropriately.

Article 10.Management and protection of databases on execution of criminal judgments

1. Databases on execution of criminal judgments shall be managed and protected in a strict and safe manner in accordance with law.

2. Agencies assigned to manage databases on execution of criminal judgments shall devise technical solutions, and formulate professional processes and regulations on updating and management of these databases, system operation, information security, data storage, and system checking.

3. Databases on execution of criminal judgments shall be safely preserved, regularly backed up to ensure their uninterrupted operation and ability to restore systems and data upon occurrence of incidents.

Article 11.Exploitation and use of databases on execution of criminal judgments

1. Databases on execution of criminal judgments may be exploited and used in the following forms:

a/ Via local area networks;

b/ Under written requests for data provision.

2. Subjects eligible for and scope of data exploitation and use:

a/ Agencies that have participated in the building and maintenance of databases on execution of criminal judgments, and collection and updating of information in these databases may exploit data on execution of criminal judgments under their respective management;

b/ Agencies, organizations and individuals that request provision of information on persons and commercial legal persons serving sentences or judicial measures in databases on execution of criminal judgments shall comply with regulations on protection of state secrets and the Law on Archives;

c/ Agencies with the function and task of providing information on execution of criminal judgments may refuse requests for provision of information if having grounds to believe such requests are unlawful, in violation of regulations on protection of state secrets or infringe upon lawful rights and interests of persons and commercial legal persons serving sentences or judicial measures;

d/ The Ministry of Public Security and Ministry of National Defense shall provide specific guidance on the order, procedures and competence to permit fulfillment of requests for and scope of provision of information on execution of criminal judgments in the People’s Public Security forces and People’s Army.

Article 12.Exchange of data between databases on execution of criminal judgments and other related databases

1. The exchange of data between databases on execution of criminal judgments and other related databases must comply with relevant regulations and regulations of the Ministry of Public Security and Ministry of National Defense.

2. Data on persons and commercial legal persons serving sentences or judicial measures in databases on execution of criminal judgments may be provided to the national database system on information on crime prevention and combat in order to serve the state management of security, order and crime prevention and combat.

Article 13.Funds for building, management and use of databases on execution of criminal judgments

Funds for investment in, building, management and use of databases on execution of criminal judgments shall be included in state budget estimates allocated to the Ministry of Public Security and Ministry of National Defense.

Chapter III

RESPONSIBILITIES AND POWERS OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN BUILDING, MANAGEMENT AND USE OF DATABASES ON EXECUTION OF CRIMINAL JUDGMENTS

Article 14.Responsibilities and powers of the Ministry of Public Security

1. To assist the Government in performing the uniform state management of databases on execution of criminal judgments.

2. To study and propose promulgation of, or promulgate according to its competence, legal documents on databases on execution of criminal judgments.

3. To ensure physical foundations, training and further training of personnel for the building, management and use of databases on execution of criminal judgments.

4. To direct, guide and inspect the building, management and use of databases on execution of criminal judgments in a uniform manner nationwide.

5. To perform other tasks and exercise other powers in accordance with law.

Article 15.Responsibilities and powers of the Ministry of National Defense

The Ministry of National Defense shall manage the database on execution of criminal judgments in the People’s Army and has the following tasks and powers:

1. To build, manage, exploit and use the database on execution of criminal judgments in the People’s Army.

2. To ensure physical foundations, training and further training of personnel for the building, management and use of the database on execution of criminal judgments in the People’s Army.

3. To direct its Criminal Judgment Execution Management Agency in adequately, promptly and accurately providing data on execution of criminal judgments in the People’s Army to the Criminal Judgment Execution Management Agency of the Ministry of Public Security for building databases on execution of criminal judgments to serve the state management of execution of criminal judgments.

4. To perform other tasks and exercise other powers in accordance with law.

Article 16.Responsibilities and powers of ministries, ministerial-level agencies and government-attached agencies

Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their vested powers, coordinate with the Ministry of Public Security in implementing regulations on the building, management and use of databases on execution of criminal judgments.

Article 17.Responsibilities and powers of provincial-level People’s Committees

To direct local agencies and organizations to coordinate with criminal judgment execution agencies of the People’s Public Security forces and People’s Army, prisons and detention camps in implementing regulations on the building, management and use of databases on execution of criminal judgments.

Article 18.Responsibilities and powers of agencies, organizations and individuals in provision and use of information on execution of criminal judgments

1. Agencies, organizations and individuals shall, within the ambit of their functions, tasks and powers, provide information to serve the building of databases on execution of criminal judgments upon request and take responsibility for the accuracy of information they provide.

2. Agencies, organizations and individuals that are provided with information on execution of criminal judgments shall use such information for proper purposes and refrain from providing or revealing such information to third parties in any form and promptly notify competent data management agencies of errors in provided data.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19.Effect

This Decree takes effect on June 5, 2020, and replaces the Government’s Decree No. 20/2012/ND-CP of March 20, 2012, providing databases on execution of criminal judgments.

Article 20.Implementation responsibility

1. The Minister of Public Security and Minister of National Defense shall, within the ambit of their functions, tasks and powers, organize, guide and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC