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

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ATTRIBUTE

Decree No. 59/2020/ND-CP dated May 27, 2020 of the Government providing databases on execution of criminal judgments
Issuing body: Prime MinisterEffective date:
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Official number:59/2020/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:27/05/2020Effect status:
Known

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Fields:Criminal

SUMMARY

02 forms of exploitation and use of databases on execution of criminal judgments

On May 27, 2020, the Government issues the Decree No. 59/2020/ND-CP on providing databases on execution of criminal judgments.

Accordingly, databases on execution of criminal judgments may be exploited and used only via local area networks or upon written requests for data provision. Subjects eligible for and scope of exploitation and use include: 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; Agencies, organizations and individuals that request provision of information on persons and commercial legal persons serving sentences or judicial measures…

Besides papers storage, data on execution of criminal judgments shall be stored in the form of e-data, which created on the basis of digitalizing files of serving of sentences or judicial measures and paper professional documents…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 offices shall check and verify inconsistent information before correcting it appropriately.

This Decree takes effect on June 05, 2020.
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Effect status: Known
TTXVN

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 59/2020/ND-CP

 

Hanoi, May 27, 2020

 

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.

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[1] Công Báo Nos 607-608 (04/6/2020)

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