Decree No. 20/2012/NĐ-CP on the criminal enforcement database

DECREE

Regulations on criminal execution data

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Considering the proposal of the Inspectorate Chief of the Ministry,

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

The Government promulgates the Decree stipulating the criminal execution database,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates on the construction, collection, storage, processing, protection, exploitation, and utilization (collectively referred to as construction, management, and utilization) of the criminal execution database; the responsibilities of agencies, organizations, and individuals related to the construction, management, and utilization of the criminal execution database.

Article 2. Applicability

This Decree applies to criminal enforcement management agencies, criminal enforcement agencies, and other agencies, organizations, and individuals related to the construction, management, and utilization of the criminal execution database.

Article 3. Principles for the construction, management, and use of criminal execution data

1. Compliance with the Criminal Enforcement Law, this Decree, and other relevant legal provisions.

2. All information related to the criminal enforcement of the person executing the sentence, enforcing the sentence, and enforcing judicial measures must be collected fully, promptly, accurately, and managed and utilized in accordance with the law.

3. Ensuring the confidentiality of personal information of the person executing the sentence and the person executing judicial measures in accordance with the law.

Chapter II
CONSTRUCTION, MANAGEMENT, AND UTILIZATION OF THE CRIMINAL EXECUTION DATABASE REGULATIONS ON THE ENFORCEMENT OF CRIMINAL PENALTIES

Article 4. Criminal Execution Database System

1. The criminal execution database system is a collection of information on the situation and results of criminal enforcement and other related information about persons executing court judgments and decisions regarding penalties and judicial measures.

2. The criminal execution database system under the unified management of the Ministry of Public Security is part of the national database on crime prevention and suppression information for the purpose of state management of criminal enforcement.

3. The criminal execution database system includes:

a) The criminal execution database system within the People's Public Security;

b) The criminal execution database system within the People's Armed Forces.

Article 5. Criminal Execution Database System within the People's Public Security

1. The Criminal Execution Database Center under the Ministry of Public Security has the function of constructing, managing, and utilizing the criminal execution database system nationwide. The Minister of Public Security shall specify the specific conditions to ensure the organization and operation of the Criminal Execution Database Center under the Ministry of Public Security.

2. The criminal execution database under the provincial criminal enforcement agency, the county-level criminal enforcement agency, detention centers, and temporary detention centers have the responsibility:

a) To construct, manage, and utilize information on criminal enforcement within their jurisdiction;

b) To provide information on the situation and results of criminal enforcement and other related information about persons executing court judgments and decisions regarding penalties and judicial measures to the Criminal Execution Database Center under the Ministry of Public Security.

3. The Minister of Public Security shall specify the details on connecting and providing information on criminal enforcement between the criminal execution database under the provincial criminal enforcement agency, the county-level criminal enforcement agency, detention centers, and temporary detention centers and the Criminal Execution Database Center under the Ministry of Public Security.

Article 6. Criminal Enforcement Database System in the People's Army

1. The criminal enforcement database system under the Ministry of National Defense shall be responsible for:

a) Building, managing, and using the criminal enforcement database in the People's Army;

b) Providing information on the situation and results of criminal enforcement and other relevant information concerning individuals executing court judgments and decisions regarding punishments and judicial measures in the People's Army to the criminal enforcement database center under the Ministry of Public Security for the purpose of building a criminal enforcement database system to serve state management of criminal enforcement.

The Minister of Public Security and the Minister of National Defense shall provide detailed guidance on connecting and providing information on criminal enforcement between the criminal enforcement database system under the Ministry of National Defense and the criminal enforcement database center under the Ministry of Public Security.

2. The criminal enforcement databases under the criminal enforcement agencies at military zones, detention centers, and temporary detention facilities in the People's Army shall be responsible for:

a) To construct, manage, and utilize information on criminal enforcement within their jurisdiction;

b) Providing information on the situation and results of criminal enforcement and other relevant information concerning individuals executing court judgments and decisions regarding punishments and judicial measures to the criminal enforcement database system under the Ministry of National Defense.

3. The Minister of National Defense shall specify the details regarding the connection and provision of information on criminal enforcement among criminal enforcement databases within the People's Army.

Article 7. Collection of Information on the Situation and Results of Criminal Enforcement and Other Relevant Information Concerning Individuals Executing Judgments and Decisions of the Court Regarding Punishments and Judicial Measures

1. Information about the situation and results of criminal enforcement in the criminal enforcement database includes:

a) Data on individuals executing judgments, individuals executing judicial measures;

b) The situation and results of criminal enforcement against individuals executing judgments, executing judicial measures;

c) The situation regarding material infrastructure, technical equipment, and professional services serving criminal enforcement work;

d) Other related information;

2. Basic information about individuals executing sentences, implementing judicial measures in the criminal enforcement database includes:

a) Judgments and decisions being enforced according to Article 2 of the Law on Criminal Enforcement;

b) Background information of individuals executing judgments, individuals executing judicial measures;

c) Summary of the criminal process;

d) Previous convictions;

đ) Previous offenses;

e) Civil obligations in criminal judgments and the fulfillment of such obligations;

g) The progress of execution, execution of judicial measures including suspension or temporary cessation of judgment enforcement; exemption or reduction of the term of judgment enforcement; cessation of compulsory medical treatment measures; termination of the term of community-based educational measures; suspension of placement in a juvenile education facility; termination of the term of placement in a juvenile education facility; handling cases where individuals executing judgments, executing judicial measures escape or die; results of judgment enforcement, execution of judicial measures, and other related information;

h) Place of residence and employment after completion of punishment or judicial measures;

i) Other related information;

3. Forms of collecting and updating information:

a) Periodic reports, case reports, specialized reports on criminal enforcement and statistical data according to templates prescribed by the Minister of Public Security and the Minister of National Defense;

b) Files of individuals executing judgments, individuals executing judicial measures;

c) Related databases;

d) Other forms.

Article 8. Management and Protection of the Criminal Enforcement Database System

1. The criminal enforcement database system is a national asset that must be strictly managed and protected for security in accordance with the law.

2. The agency entrusted with managing the criminal enforcement database shall be responsible for developing technical solutions, operational procedures, regulations on database management, system operation, information security, data retention, and system inspection.

Article 9. Exploitation and utilization of the criminal enforcement case database system

1. Forms of exploitation and use of the criminal enforcement database include:

a) Through the electronic portal;

b) Through dedicated computer networks;

c) By means of written requests or data provision forms.

2. Subjects and scope of exploitation and use:

a) Agencies participating in building and maintaining the criminal enforcement case database have the right to exploit data on criminal enforcement within their own management scope. Exploitation of the criminal enforcement case database outside the management scope must be approved by the competent authority managing the criminal enforcement case database;

b) In cases where state agencies, organizations, or individuals request to search for, provide information, or archival materials on persons executing sentences or judicial measures within the criminal enforcement case database, they must comply with legal provisions on protecting state secrets and national archives.

Article 10. Data exchange between the criminal enforcement case database system and other related databases

1. The exchange of data between the criminal enforcement case database and other related databases shall be carried out in accordance with the provisions of the law.

2. Information about persons executing sentences or judicial measures belonging to the criminal enforcement case database shall be provided to the crime prevention database system to serve state management work on security, public order, and crime prevention.

Article 11. Funding for the construction, management, and utilization of the criminal enforcement case database

Funding for investment, construction, management, and utilization of the criminal enforcement case database shall be guaranteed from the state budget within the annual state budget allocation assigned to the Ministry of Public Security and the Ministry of National Defense.

Chapter III
RESPONSIBILITIES AND LIMITATIONS OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS IN THE CONSTRUCTION, MANAGEMENT, AND UTILIZATION OF THE CRIMINAL ENFORCEMENT CASE DATABASE SYSTEM

Article 12. Responsibilities and authorities of the Ministry of Public Security

1. The Ministry of Public Security assists the Government in uniformly managing the state's affairs regarding the criminal enforcement case database system.

2. Researching and proposing the issuance or issuing according to its competence legal normative documents on the criminal enforcement case database system.

3. Building material infrastructure, training, and enhancing cadres for the construction, management, and utilization of the criminal enforcement case database system.

4. Directing, guiding, and inspecting the uniform construction, management, and use of criminal enforcement data systems nationwide.

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

Article 13. Responsibilities and authorities of the Ministry of National Defense

The Ministry of National Defense is responsible for managing the criminal enforcement case database within the People's Army and has the following tasks and authorities:

1. Constructing, managing, exploiting, and using criminal enforcement data systems within the People's Army.

2. Ensuring material infrastructure and training cadres working at criminal enforcement case databases within the People's Army.

3. Providing criminal enforcement case data within the People's Army to the Criminal Enforcement Case Database Center under the Ministry of Public Security to build the criminal enforcement case database system to serve state management work on criminal enforcement.

4. Performing other tasks and powers as prescribed by law.

Article 14. Responsibilities and authorities of Ministries, agencies equivalent to ministries, and government agencies

Ministries, agencies equivalent to ministries, and government agencies within the scope of their assigned tasks and authorities are responsible for coordinating with the Ministry of Public Security in implementing legal provisions on the construction, management, and utilization of the criminal enforcement case database system.

Article 15. Responsibilities and authorities of the People's Committee of provinces and centrally governed cities

Direct local agencies and organizations to coordinate with criminal enforcement agencies under the People's Public Security Force, the People's Armed Forces, detention centers, and temporary detention facilities to implement legal provisions on the construction, management, and use of the criminal enforcement information system in accordance with the law.

Article 16. Responsibilities and authorities of agencies, organizations, and individuals in collecting, providing, and using the criminal enforcement information system

1. Agencies, organizations, and individuals have the responsibility to provide information to the criminal enforcement information system when requested and are responsible for the accuracy of the information they provide.

2. Agencies, organizations, and individuals provided with information on criminal enforcement shall use such information for its intended purpose, shall not disclose the information to third parties in any form, and must promptly report to the competent data management agency about any errors in the provided data.

Chapter IV
IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Decree takes effect from May 15, 2012.

Article 18. 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-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.