Decree No. 121/2017/ND-CP on the construction, management, and use of databases on the enforcement of temporary detention and pretrial detention

DECREE
Regulations on construction, management, and use of databases
concerning the enforcement of temporary detention and pretrial detention

CamendPursuant to the Law on Government Organization on June 19, 2015;

Pursuant to the Law on Enforcement of Temporary Detention and Pretrial Detention dated October 25, 11 2015;

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

Pursuant to Resolution No. 41/2017/QH14 of the National Assembly on the implementation of the Criminal Code1No. 100/2015/QH13 amended and supplemented by Law No.No. 2/2017/QH14 1and on the effective implementation of the Criminal Procedure Code No.1/2015/QH13, Law on Organization of Criminal Investigation Agencies lNo. 9 1019/2015/QH13, Law on Enforcement of Temporary Detention and Pretrial Detention No. 94/2015/QH13;The Government issues this Decree stipulating the construction, management, and use of databases concerning the enforcement of temporary detention and pretrial detention.This Decree stipulates the construction, collection, storage, processing, protection, exploitation, and use (collectively referred to as construction, management, and use) of databases concerning the enforcement of temporary detention and pretrial detention; responsibilities and authorities of agencies, organizations, and individuals related to the construction, management, and use of such databases.

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

This Decree applies to agencies managing temporary detention and pretrial detention; agencies enforcing temporary detention and pretrial detention, and other agencies, organizations, and individuals related to the construction, management, and use of databases concerning the enforcement of temporary detention and pretrial detention. Number of employees and workers directly involved in the joint venture and association activities of the organization over the last 03 yearsArticle 3. Principles for the construction, management, and use of databases concerning the enforcement of temporary detention and pretrial detention

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Compliance with the Law on Enforcement of Temporary Detention and Pretrial Detention, the Criminal Procedure Code, the Law on Execution of Criminal Sentences, this Decree, and other relevant laws.

Article 2. Applicability

2. All information related to the enforcement of temporary detention and pretrial detention of persons under temporary detention and pretrial detention must be collected, updated fully, promptly, accurately, objectively, scientifically, and managed and used for their intended purposes in accordance with the provisions of the law.

3. Exploitation and use for intended purposes, ensuring the confidentiality of personal information of persons under temporary detention and pretrial detention in accordance with the provisions of the law.

4. Construction, exploitation, and use of information related to persons under temporary detention and pretrial detention must ensure requirements for investigation, prosecution, trial, serving state administrative work on security, public order, and crime prevention and suppression.

5. Strict management of databases concerning the enforcement of temporary detention and pretrial detention, ensuring safety, security, and confidentiality in data management in accordance with the provisions of the law; compliance with technical standards and norms on the application of information technology in state agencies; ensuring compatibility and secure communication between information systems.

Article 4. Prohibited acts in the construction, management, and use of databases concerning the enforcement of temporary detention and pretrial detention

1. Intentionally distorting information, providing false information.

2. Arbitrarily creating, erasing, modifying information and documents to distort them.

3. Intentionally using the results of collecting, managing, and using databases concerning the enforcement of temporary detention and pretrial detention for improper purposes, infringing upon the freedom, honor, privacy, and other legitimate interests of individuals and the state as provided by law.

4. Appropriating, damaging, losing documents, illegally buying, transferring, destroying information and documents.

5. Unauthorized access, alteration, forgery, copying, disclosure, sending, deletion of stored electronic documents, creating or disseminating software programs that disrupt or destroy information and databases.

3. Intentionally misusing the results of collecting, managing, and using databases on the enforcement of provisional detention, which infringes upon the freedom, honor, privacy, and other legitimate interests of individuals and the State as provided for by law.

4. Embezzling, damaging, losing documents, buying, transferring, illegally destroying information and documents.

5. Illegally accessing, altering, forging, copying, disclosing, sending, deleting electronic stored documents without authorization, creating or disseminating software programs that disrupt or destroy information and databases.

Article 5. Funding for the construction, management, and use of databases on the enforcement of temporary detention and pre-trial detention

1. The funding for the construction, management, and use of databases on the enforcement of temporary detention and pre-trial detention shall be guaranteed from the state budget according to the current classification of state budget management.

2. The management and use of funds from the state budget shall be carried out in accordance with the provisions of the State Budget Law, the Public Investment Law, and guiding documents for their implementation.

Chapter II
CONSTRUCTION, MANAGEMENT, AND USE OF DATABASES
ON ENFORCEMENT OF TEMPORARY DETENTION AND PRE-TRIAL DETENTION

Article 6. Database on the enforcement of temporary detention and pre-trial detention

1. The database on the enforcement of temporary detention and pre-trial detention is a collection of information on the situation and results of enforcing temporary detention and pre-trial detention, as well as basic information about individuals subject to temporary detention and pre-trial detention.

2. The database on the enforcement of temporary detention and pre-trial detention, which is uniformly managed by the Ministry of Public Security, is a part of the national database on crime prevention and suppression information aimed at serving state management over the enforcement of temporary detention and pre-trial detention.

3. The database on the enforcement of temporary detention and pre-trial detention includes:

a) The database system on the enforcement of temporary detention and pre-trial detention within the People's Police;

b) The database system on the enforcement of temporary detention and pre-trial detention within the People's Army.

The database system on the enforcement of temporary detention and pre-trial detention within the People's Police is connected to the database system on the enforcement of temporary detention and pre-trial detention within the People's Army. After reaching an agreement with the Ministry of National Defense, the Ministry of Public Security will issue guidelines on connecting and providing information on the enforcement of temporary detention and pre-trial detention between the database system on the enforcement of temporary detention and pre-trial detention within the People's Police and that within the People's Army.

Article 7. Database system on the enforcement of temporary detention and pre-trial detention within the People's Police

1. The National Database Center on the enforcement of temporary detention and pre-trial detention under the Ministry of Public Security has the function of constructing, managing, and using the database on the enforcement of temporary detention and pre-trial detention nationwide. The Minister of Public Security shall specify the conditions for ensuring the organization and operation of the National Database Center on the enforcement of temporary detention and pre-trial detention under the Ministry of Public Security.

a) To construct, manage, and use information on the enforcement of temporary detention and pre-trial detention within their jurisdiction;

b) To provide information on the situation and results of enforcing temporary detention and pre-trial detention and basic information about individuals subject to temporary detention and pre-trial detention to the National Database Center on the enforcement of temporary detention and pre-trial detention under the Ministry of Public Security.

3. The Minister of Public Security shall specify the guidelines for connecting and providing information on the enforcement of temporary detention and pre-trial detention within the People's Police.

Article 8. Database system on the enforcement of temporary detention and pre-trial detention within the People's Army

1. Temporary detention and pre-trial detention management agencies under the Ministry of National Defense have the function of constructing, managing, and using the database system on the enforcement of temporary detention and pre-trial detention within the People's Army and are responsible for:

a) Constructing, managing, and using the database on the enforcement of temporary detention and pre-trial detention within the People's Army;

b) Providing information on the situation and results of enforcing temporary detention and pre-trial detention and basic information about individuals subject to temporary detention and pre-trial detention within the People's Army to the National Database Center on the enforcement of temporary detention and pre-trial detention under the Ministry of Public Security to build a database on the enforcement of temporary detention and pre-trial detention to serve state management over the enforcement of temporary detention and pre-trial detention.

2. Provincial Border Guard Command, Military Region Criminal Enforcement Agencies and equivalents, and detention centers under the Ministry of National Defense have the responsibility:

a) To construct, manage, and use information on the enforcement of temporary detention and pre-trial detention within their jurisdiction;

b) To provide information on the situation and results of enforcing temporary detention and pre-trial detention and basic information about individuals subject to temporary detention and pre-trial detention to the temporary detention and pre-trial detention management agencies under the Ministry of National Defense.

3. The Minister of National Defense shall specify the guidelines for connecting and providing information on the enforcement of temporary detention and pre-trial detention within the People's Army.

Article 9. Information on the situation and results of enforcement of temporary detention and pretrial detention and basic information about persons subject to temporary detention and pretrial detention

1. Information on the situation and results of enforcement of temporary detention and pretrial detention in the database on enforcement of temporary detention and pretrial detention includes:

a) Data on persons subject to temporary detention and pretrial detention;

b) The situation and results of enforcement of temporary detention and pretrial detention for persons subject to temporary detention and pretrial detention;

c) The situation regarding staffing, human resources, material infrastructure, funding, technical equipment, and professional equipment serving the work of enforcing temporary detention and pretrial detention;

d) Other relevant information related to the work of enforcing temporary detention and pretrial detention.

2. Basic information about persons subject to temporary detention and pretrial detention in the database on enforcement of temporary detention and pretrial detention includes the information and documents prescribed in Clause 1 and Clause 2 of Article 17 of the Law on Enforcement of Temporary Detention and Pretrial Detention.

Article 10. Building the Database on Enforcement of Temporary Detention and Pretrial Detention

1. Building the database on enforcement of temporary detention and pretrial detention is the process of performing tasks: Collecting, accumulating, and compiling information on the situation and results of enforcement of temporary detention and pretrial detention and basic information about persons subject to temporary detention and pretrial detention; standardizing, entering, and updating all collected and compiled information into an electronic storage system according to a specific structure, suitable for state management needs regarding persons subject to temporary detention and pretrial detention.

2. The database on enforcement of temporary detention and pretrial detention is built in accordance with the Government's e-Government architecture framework of Vietnam, meeting national database technical standards, information technology standards and technical regulations, information security and economic-technical norms.

3. Forms of collecting and updating information:

a) Regular reports, case reports, specialized reports on enforcement of temporary detention and pretrial detention and statistical data according to the models prescribed by the Minister of Public Security and the Minister of National Defense;

b) Management files of persons subject to temporary detention and pretrial detention;

c) Related databases;

d) Other forms.

4. Authorities entitled to collect information on the situation and results of enforcement of temporary detention and pretrial detention and basic information about persons subject to temporary detention and pretrial detention:

b) Temporary detention and pretrial detention management agencies under the Ministry of National Defense; Provincial Border Guard Command Departments, Criminal Execution Agencies of Military Regions and equivalents, detention centers under the Ministry of National Defense.

5. Authorities entitled to collect information on the situation and results of enforcement of temporary detention and pretrial detention and basic information about persons subject to temporary detention and pretrial detention as prescribed in Clause 4 of this Article have the right to request corrections, supplements, or make self-corrections and supplements when there are errors, mistakes, or omissions.

Article 11. Storage and Preservation of the Database on Enforcement of Temporary Detention and Pretrial Detention

1. The database on enforcement of temporary detention and pretrial detention is a national asset that must be managed and protected strictly and safely in accordance with the law.

2. The agency entrusted with managing the database on enforcement of temporary detention and pretrial detention has the responsibility to develop technical solutions, operational procedures, and regulations on managing the database, operating the system, ensuring information security, storing data, and inspecting the system.

3. The preservation of the database on enforcement of temporary detention and pretrial detention must ensure safety in appropriate storage locations and regularly update backups to ensure the integrity and accessibility of the database.

Article 12. Exploitation and use of databases on the enforcement of temporary detention and pre-trial detention

1. Forms of exploitation and use of databases on the enforcement of temporary detention and pre-trial detention include:

a) Through internal computer networks;

b) By means of written requests or application forms.

2. Subjects exploiting and using:

a) Temporary detention and pre-trial detention management agencies;

b) Agencies enforcing temporary detention and pre-trial detention;

c) Agencies supervising the enforcement of temporary detention and pre-trial detention;

d) Agencies conducting litigation proceedings;

đ) Persons under temporary detention, persons under pre-trial detention.

3. Principles for exploiting and using databases on the enforcement of temporary detention and pre-trial detention:

a) Agencies participating in building and maintaining databases on the enforcement of temporary detention and pre-trial detention have the right to exploit data on the enforcement of temporary detention and pre-trial detention within their own management scope. Exploiting databases on the enforcement of temporary detention and pre-trial detention outside the management scope must be approved by the agency managing the database on the enforcement of temporary detention and pre-trial detention with authority; if during the investigation, prosecution, and trial period, it must be agreed in writing by the agency handling the case.

b) In cases where state agencies, organizations, or individuals request to search for, provide information, and archival materials about persons under temporary detention or pre-trial detention in the database on the enforcement of temporary detention and pre-trial detention, they must comply with the provisions of laws on protecting state secrets and the Law on Archives; if during the investigation, prosecution, and trial period, it must be agreed in writing by the agency handling the case.

4. The Minister of Public Security and the Minister of National Defense shall issue procedures for receiving and processing requests for exploitation and use of databases on the enforcement of temporary detention and pre-trial detention.

Article 13. Exchange of data between databases on the enforcement of temporary detention and pre-trial detention and other related databases

1. The exchange of data between databases on the enforcement of temporary detention and pre-trial detention and other related databases must be approved by competent authorities and implemented in accordance with the provisions of the law.

2. Information about persons under temporary detention or pre-trial detention in the database on the enforcement of temporary detention and pre-trial detention shall be provided to the database on crime prevention and suppression to serve state management work on national security, public order, and crime prevention and suppression.

Chapter III
RESPONSIBILITIES AND LIMITS OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE CONSTRUCTION, MANAGEMENT, AND USE OF DATABASES ON
ENFORCEMENT OF TEMPORARY DETENTION AND PRE-TRIAL DETENTION

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

1. The Ministry of Public Security assists the Government in uniformly managing the state's databases on the enforcement of temporary detention and pre-trial detention.

2. Researching and proposing the issuance or issuing within its competence normative legal documents on databases on the enforcement of temporary detention and pre-trial detention.

3. Building material infrastructure, training, and enhancing cadres for the construction, management, and use of databases on the enforcement of temporary detention and pre-trial detention.

4. Uniformly directing, guiding, and inspecting the construction, management, and use of databases on the enforcement of temporary detention and pre-trial detention nationwide.

5. Perform other duties and authorities as prescribed by law.

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

The Ministry of National Defense is responsible for managing the system of databases on the enforcement of temporary detention and pre-trial detention in the People's Army and has the following tasks and powers:

1. Constructing, managing, exploiting, and using the system of databases on the enforcement of temporary detention and pre-trial detention in the People's Army.

2. Building material infrastructure, training, and enhancing cadres for the construction, management, and use of the system of databases on the enforcement of temporary detention and pre-trial detention in the People's Army.

3. Providing data on the enforcement of temporary detention and pre-trial detention in the People's Army to the Center for Databases on the Enforcement of Temporary Detention and Pre-Trial Detention under the Ministry of Public Security to build a database on the enforcement of temporary detention and pre-trial detention to serve state management work on the enforcement of temporary detention and pre-trial detention nationwide.

4. Directing, guiding, and inspecting the construction, management, and use of the system of databases on the enforcement of temporary detention and pre-trial detention in the People's Army.

5. Perform other duties and authorities as prescribed by law.

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

Ministries, ministerial-level agencies, and government agencies within the scope of their assigned tasks and powers are responsible for coordinating with the Ministry of Public Security in implementing legal provisions on the construction, management, and use of databases on the enforcement of temporary detention and pre-trial detention.

Article 17. Responsibilities and authorities of the People's Committee of provinces and centrally governed cities

Direct local agencies and organizations to coordinate with temporary detention and pretrial detention management agencies and agencies executing temporary detention and pretrial detention within the Public Security Force and the People's Army to establish, manage, and utilize databases on the execution of temporary detention and pretrial detention in accordance with the law.

Article 18. Responsibilities and authorities of agencies, organizations, and individuals in collecting, providing, and using databases on the execution of temporary detention and pretrial detention

1. Agencies, organizations, and individuals have the responsibility to provide information to the database on the execution of temporary detention and pretrial detention when requested and are responsible for the accuracy of the information they provide.

2. Agencies, organizations, and individuals, when accessing information on the execution of temporary detention and pretrial detention, have the responsibility to use the information for its intended purpose, shall not disclose the information in any form, and must promptly report to the authorized data management agency about any errors in the provided data.

Chapter IV
IMPLEMENTING PROVISIONS

Article 19. Effective Date

This Decree takes effect from January 1, 2018.

Article 20. Responsibility for Implementation

1. The Minister of Public Security and the Minister of National Defense within their assigned functions, tasks, and powers are responsible for organizing the implementation and guiding and inspecting the enforcement of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.