Decree No. 59/2020/NĐ-CP on criminal enforcement case database

DECREE

Regulations on criminal execution data

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

Pursuant to the Criminal Enforcement Law dated June 14, 2019;

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

||| Pursuant to the Cybersecurity Law dated November 19, 2015;

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 this Decree to regulate criminal execution data.

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

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

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 use of criminal execution data.

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

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

2. All information related to the enforcement of criminal sentences of natural persons and commercial legal entities executing judgments and judicial measures must be collected, updated fully, promptly, accurately, objectively, scientifically, and used for their intended purposes in accordance with the law.

3. Ensuring the confidentiality of personal information of individuals and information of commercial legal entities executing judgments and judicial measures in accordance with the law.

4. Management, connection, and sharing of data within the criminal execution database shall be carried out in accordance with Decree No. 47/2020/NĐ-CP dated April 9, 2020, on the management, connection, and sharing of digital data of state agencies.

Chapter II CONSTRUCTION, MANAGEMENT, AND USE OF CRIMINAL EXECUTION DATA

Article 4. Criminal Execution Data

1. Criminal execution data is a collection of information about the situation and results of criminal enforcement and other related information concerning individuals and commercial legal entities executing court decisions on penalties and judicial measures.

2. Criminal execution data managed uniformly by the Ministry of Public Security is part of the national database on crime prevention and suppression information to serve state management of criminal enforcement.

3. Criminal execution data includes:

a) Criminal execution data in the People's Public Security;

b) Criminal execution data in the People's Armed Forces. Criminal execution data in the People's Public Security is connected to criminal execution data in the People's Armed Forces. After reaching consensus with the Ministry of National Defense, the Ministry of Public Security shall issue guidelines on the connection, provision, and exchange of data between criminal execution data in the People's Public Security and criminal execution data in the People's Armed Forces.

Article 5. Criminal Execution Data in the People's Public Security

1. The criminal enforcement management agency under the Ministry of Public Security is responsible for managing criminal execution data and has the responsibility to construct, manage, and use criminal execution data nationwide.

a) To collect, update information, and exploit criminal execution data within their jurisdiction;

b) To provide criminal execution data to the criminal enforcement management agency under the Ministry of Public Security.

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

1. The criminal enforcement management agency 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 criminal enforcement data in the People's Army to the criminal enforcement management agency under the Ministry of Public Security for building the national criminal enforcement database.

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

a) To collect, update information, and exploit criminal execution data within their jurisdiction;

b) Providing criminal enforcement data to the criminal enforcement management agency under the Ministry of National Defense.

Article 7. Construction of the Criminal Enforcement Database

1. The criminal enforcement database shall be built uniformly, centrally, consistently, and shared nationwide.

2. The construction of the criminal enforcement database must comply with technical standards and norms on information technology applications; ensuring information security, safety, and compatibility between information systems.

3. The design structure of the criminal enforcement database must have compatibility and integration capabilities with other business databases managed by the Ministry of Public Security; ensuring expandability, upgradeability, and development.

Article 8. Information in the Criminal Enforcement Database

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

a) Data on individuals and commercial entities executing sentences, implementing judicial measures;

b) The situation and results of criminal enforcement against individuals and commercial entities executing sentences, implementing judicial measures;

c) The situation regarding human resources, material infrastructure, technical equipment, and professional services supporting criminal enforcement work.

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

a) Judgments and decisions to be enforced as stipulated in Article 2 of the Criminal Enforcement Law;

b) Background of individuals executing sentences, implementing judicial measures;

c) Summary of the criminal process;

d) Previous convictions;

đ) Previous offenses;

e) Civil obligations in criminal judgments and the performance of civil obligations;

g) Progress of sentence execution and implementation of judicial measures including suspension or temporary cessation of enforcement; reduction or exemption from sentence duration; conditional early release, revocation of conditional early release decision; compulsory imprisonment for suspended sentences; cessation of compulsory medical treatment measures; suspension or temporary cessation of educational measures at rehabilitation schools; termination of educational measures at rehabilitation schools before term completion; handling cases of escape or death of individuals executing sentences, implementing judicial measures; results of sentence execution and implementation of judicial measures;

h) Place of residence and employment of individuals executing sentences, implementing judicial measures after completing their sentences or judicial measures.

3. Basic information about commercial entities executing sentences, implementing judicial measures in the criminal enforcement database includes:

a) Judgments and decisions to be enforced as stipulated in Article 2 of the Criminal Enforcement Law;

b) Information about commercial entities executing sentences, implementing judicial measures;

c) Summary of the criminal process;

d) Civil obligations in criminal judgments and the performance of civil obligations;

đ) Progress of sentence execution and implementation of judicial measures including enforcement compulsion, transfer of enforcement obligations; results of sentence execution and implementation of judicial measures.

4. 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 and commercial entities executing sentences, implementing judicial measures;

c) Related databases;

d) Other forms.

Article 9. Storage of Criminal Enforcement Electronic Data

1. Criminal enforcement electronic data shall be established based on the digitization of paper execution case files, judicial measures implementation records, and business documents, with a structure that meets the input information data standards to ensure integrity and authenticity with respect to the case files and business documents, and shall be stored for a long term.

2. In cases where there are discrepancies in content between criminal enforcement electronic data and paper case files and business documents, the criminal enforcement management agency and the criminal enforcement agency must conduct inspections and verifications to adjust them accordingly.

Article 10. Management and Protection of Criminal Enforcement Database

1. The criminal enforcement database shall be strictly managed and protected securely in accordance with the provisions of the law.

2. The agency responsible for managing the criminal enforcement database has the responsibility to develop technical solutions, business procedures, regulations on updating, managing the database, operating the system, ensuring information security, storing data, and inspecting the system.

3. The criminal enforcement database must be safely preserved, regularly backed up, and have contingency plans to ensure smooth operation and system recovery capabilities, as well as data restoration when incidents occur.

Article 11. Exploitation and Use of Criminal Enforcement Database

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

a) Through internal computer networks;

b) By means of written requests or application forms.

2. Subjects and scope of exploitation and use:

a) Agencies participating in building, collecting, updating information, and maintaining the criminal enforcement database have the right to exploit criminal enforcement data within their own management scope;

b) Agencies, organizations, and individuals requesting information about natural persons or commercial entities executing sentences or implementing judicial measures in the criminal enforcement database must comply with the laws on state secrets protection and the Law on Archives;

c) Agencies with functions and tasks of providing information on criminal enforcement have the right to refuse information provision requests if they believe such requests are unlawful, violate state secrets protection regulations, or infringe upon the lawful rights and interests of natural persons or commercial entities executing sentences or implementing judicial measures;

d) The Ministry of Public Security and the Ministry of National Defense shall provide specific guidelines on the procedures, formalities, and authority for granting permission to implement requests and the scope of information provision on criminal enforcement within the People's Public Security and the People's Armed Forces.

Article 12. Exchange of Data Between the Criminal Enforcement Database and Other Related Databases

1. The exchange of data between the criminal enforcement database and other related databases must be carried out in accordance with the provisions of the law and the regulations of the Ministry of Public Security and the Ministry of National Defense.

2. Data on natural persons or commercial entities executing sentences or implementing judicial measures in the criminal enforcement database shall be provided to the national database on crime prevention and suppression information to serve state management work on security and public order, and crime prevention and suppression efforts.

Article 13. Funding for the construction, management, and use of criminal enforcement data systems

The investment, construction, management, and use funding for criminal enforcement data systems shall be guaranteed from the state budget allocated to the Ministry of Public Security and the Ministry of National Defense.

Chapter III RESPONSIBILITIES AND LIMITS OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS IN THE CONSTRUCTION, MANAGEMENT, AND USE OF CRIMINAL ENFORCEMENT DATA SYSTEMS

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 affairs concerning criminal enforcement data systems.

2. Researching and proposing the issuance or issuing within its authority legal normative documents on criminal enforcement data systems.

3. Ensuring material conditions, training, and enhancing cadres for the construction, management, and use of criminal enforcement data systems.

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 15. Responsibilities and powers of the Ministry of National Defense

The Ministry of National Defense is responsible for managing criminal enforcement data systems within the People's Army and has the following tasks and powers:

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

2. Ensuring material conditions, training, and enhancing cadres for the construction, management, and use of criminal enforcement data systems within the People's Army.

3. Directing the criminal enforcement management agency under the Ministry of National Defense to provide complete, timely, and accurate criminal enforcement data within the People's Army to the criminal enforcement management agency under the Ministry of Public Security for the construction of criminal enforcement data systems serving state management of criminal enforcement.

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

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

Ministries, agencies at ministerial level, and government agencies within their assigned scope and powers are responsible for coordinating with the Ministry of Public Security in implementing legal provisions regarding the construction, management, and use of criminal enforcement data systems.

Article 17. Responsibilities and powers of provincial-level People's Committees and centrally governed city People's Committees

Directing agencies and organizations at the local level to coordinate with criminal enforcement agencies under the People's Public Security, People's Army, detention centers, and temporary detention facilities in implementing legal provisions regarding the construction, management, and use of criminal enforcement data systems.

Article 18. Responsibilities and powers of agencies, organizations, and individuals in providing and using information on criminal enforcement

1. Agencies, organizations, and individuals within their functional duties, tasks, and powers have the responsibility to provide information for the construction of criminal enforcement data systems when requested and are responsible for the accuracy of the information they provide.

2. Agencies, organizations, and individuals provided with information on criminal enforcement have the responsibility to use the information for the intended purpose, may 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 IMPLEMENTATION PROVISIONS

Article 19. Effective Date

This Decree takes effect from June 5, 2020, and replaces Decree No. 20/2012/NĐ-CP dated March 20, 2012, on criminal enforcement data systems.

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./.