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.