GOVERMENT
No. 20/2012 / ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
Hanoi, March 20, 2012
DECREE
Regulating the database on criminal judgment execution
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Pursuant to the Law on Government Organization dated December 25, 2001;
Pursuant to the Law on Execution of Criminal Judgments dated June 17, 2010;
At the request of the Minister of Public Security;
The Government promulgates the Decree providing for the criminal judgment enforcement database.
Chapter I
GENERAL PROVISIONS
Thing 1. Scope of regulation
This Decree provides for the building, collection, storage, handling, protection, exploitation and use (collectively referred to as building, managing and using) criminal judgment database; responsibilities of agencies, organizations and individuals involved in the establishment, management and use of criminal judgment enforcement database.
Thing 2. Subjects of application
This Decree applies to criminal judgment enforcement agencies, criminal judgment enforcement agencies and agencies, organizations and individuals related to database development, management and use. data on criminal judgment.
Thing 3. Principles of building, managing and using criminal judgment enforcement database
1. Compliance with the Law on Execution of Criminal Judgments, this Decree and other relevant law provisions.
2. All information related to the execution of criminal judgments of judgment executors, judgment executors or judicial measures execution must be fully, promptly, accurately and managed and used in strict accordance with provisions of law.
3. To ensure confidentiality of personal information of judgment debtors and judicial measure executors according to law provisions.
chapter II
CONSTRUCTION, MANAGEMENT AND USE OF CRIMINAL CREDIT EXECUTION DATABASE
Thing 4. The database system on criminal judgment execution
1. Criminal judgment execution database system is the collection of information on the situation and results of criminal judgment execution and other information related to the judgment executor or court ruling penalties and judicial remedies.
2. The database system on criminal judgment execution uniformly managed by the Ministry of Public Security is part of the national database on crime prevention and control information for the purpose of house management. the country about the criminal judgment.
3. The database system on criminal judgment execution includes:
a) The database system on criminal judgment execution in the People’s Public Security Forces;
b) The database system on criminal judgment execution in the People’s Army.
Thing 5. The database system on criminal judgment execution in the People’s Public Security Forces
1. The criminal judgment enforcement database center under the Ministry of Public Security has the function of building, managing and using the database system on criminal judgment execution nationwide. The Minister of Public Security shall specify conditions to ensure the organization and operation of the criminal judgment enforcement database center under the Ministry of Public Security.
2. Database on criminal judgment execution belonging to criminal judgment enforcement agencies of provincial-level police, criminal judgment enforcement agencies of district-level police, prisons and detention camps shall:
a) Formulate, manage and use information on criminal judgment execution under their management;
b) Provide information about the situation, results of criminal judgment execution and other information related to the judgment executor and the Court’s rulings on penalties and judicial measures to the grassroots center data on criminal judgment enforcement under the Ministry of Public Security.
3. The Minister of Public Security shall specify the connection and provision of information on criminal judgment execution between the criminal judgment enforcement database of the provincial-level police criminal judgment enforcement agency. criminal judgment enforcement agencies District police, prisons, detention camps with the criminal judgment execution database center under the Ministry of Public Security.
Thing 6. The database system on criminal judgment execution in the People’s Army
1. The database on criminal judgment execution under the Ministry of National Defense shall:
a) To develop, manage and use the database on criminal judgment execution in the People’s Army;
b) Provide information on the situation and results of criminal judgment execution and other information related to the judgment executor and the Court’s rulings on penalties and judicial measures in the People’s Army to the criminal judgment execution database center under the Ministry of Public Security to build a database system on criminal judgment execution to serve the state management of criminal judgment execution.
The Minister of Public Security, the Minister of National Defense shall guide in detail the connection and provision of information on criminal judgment execution between the criminal judgment execution database system under the Ministry of National Defense and the Center. the Ministry of Public Security’s database on criminal judgment execution.
2. The database on criminal judgment execution belonging to the criminal judgment enforcement agency of the military zone, prisons and detention camps in the People’s Army shall:
a) Formulate, manage and use information on criminal judgment execution under their management;
b) Provide information on the situation, results of criminal judgment execution and other information related to the judgment executor and the Court’s rulings on penalties and judicial measures on the database on criminal judgment execution under the Ministry of National Defense.
3. The Minister of National Defense shall specify the connection and provision of information on criminal judgment execution among criminal judgment enforcement databases in the People’s Army.
Thing 7. Collection of information on the situation and results of criminal judgment execution and other information related to the judgment executor and the Court’s rulings on penalties and judicial measures
1. Information on the situation and results of criminal judgment execution in the criminal judgment enforcement database include:
a) Data on the judgment executor and the judgment executor;
b) Situation and results of criminal judgment enforcement against judgment executors and judicial measures enforcement;
c) Physical foundations, technical equipment and services serving criminal judgment enforcement;
d) Other relevant information.
2. Basic information on judgment executors and judicial measure executors in the criminal judgment enforcement database include:
a) Judgments and decisions are executed in accordance with Article 2 of the Law on Execution of Criminal Judgments;
b) The identity of the judgment executor and the judgment executor;
c) Summary of the criminal history;
d) Criminal record;
dd) Criminal record;
e) Civil obligations in criminal judgments and the performance of civil obligations;
g) Progress of the execution or execution of judicial measures, including postponement or suspension of judgment execution; exemption or reduction of the sentence term; suspend the enforcement of the compulsory medical treatment measure; termination of the term of enforcement of the judicial measure of education in communes, wards or townships; postpone the execution of measure sending to reformatories; terminating the term of execution of the measure sending to reformatory schools; settlement in cases where the judgment executors or judicial enforcement absconders flee or die; results of judgment execution, execution of judicial measures and other relevant information;
h) Place of residence or working place after serving the penalty or judicial measure;
i) Other relevant information.
3. Forms of collecting and updating information:
a) Make periodic reports, case reports, thematic reports on criminal judgment execution and statistics according to the form prescribed by the Minister of Public Security and the Minister of National Defense;
b) Records of judgment executors and judicial measure executors;
c) Relevant databases;
d) Other forms.
Thing 8. Managing and protecting the criminal judgment database system
1. The database system on criminal judgment execution is a national property that must be managed, protected closely and safely according to the provisions of law.
2. The agency assigned to manage the criminal judgment database is responsible for developing technical solutions, professional processes, and regulations on database management, system operation, information security, safety, data retention, system inspection.
Thing 9. Exploiting and using the criminal judgment database system
1. Forms of exploiting and using the criminal judgment execution database include:
a) Via the portal;
b) Via specialized computer networks;
c) In writing or request for supply.
2. Object and scope of exploitation and use:
a) Agencies participating in the establishment and maintenance of criminal judgment database are entitled to exploit data on criminal judgment execution under their respective management. The exploitation of the database on criminal judgment execution outside the scope of its management must be approved by the competent criminal judgment database management agency;
b) In case state agencies, organizations or individuals request to look up and provide information and archived documents about judgment executors or judicial measure executors in the exam database Criminal judgment must comply with the provisions of the law on protection of state secrets and national archives.
Thing 10. Exchange of data between the criminal judgment database system and other relevant databases
1. The exchange of data between the database on criminal judgment execution and other relevant databases comply with the provisions of law.
2. Information on judgment executors and judicial measure executors belonging to the database system on criminal judgment execution shall be provided to the crime prevention and fighting database system to serve the management work. state management on security, order and crime prevention and fight.
Thing 11. Funding for building, managing and using the database on criminal judgment execution
Funds for investment, construction, management and use of criminal judgment enforcement databases shall be covered by the state budget in the annual state budget estimates assigned to the Ministry of Public Security and the Ministry of National Defense.
Chapter III
RESPONSIBILITIES AND RIGHTS OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN CONSTRUCTION,
MANAGEMENT AND USE OF THE SYSTEM OF CRIMINAL CRIMINAL EXECUTION DATA SYSTEMS
Thing 12. Responsibilities and powers of the Ministry of Public Security
1. The Ministry of Public Security shall assist the Government in performing the unified state management of the database system on criminal judgment execution.
2. To study, propose to promulgate or promulgate according to its competence legal documents on the database system of criminal judgment execution.
3. Building material foundations, training and retraining cadres for building, managing and using the database system on criminal judgment execution.
4. To direct, guide and inspect the development, management and use of the database on criminal judgment execution nationwide.
5. To perform other duties and powers according to the provisions of law.
Thing 13. Responsibilities and powers of the Ministry of National Defense
The Ministry of National Defense is responsible for managing the criminal judgment execution database in the People’s Army and has the following duties and powers:
1. To build, manage, exploit and use the People’s Army’s database on criminal judgment execution.
2. To ensure material foundations and train cadres working in criminal judgment execution databases of the People’s Army.
3. To provide data on criminal judgment execution in the People’s Army to the criminal judgment execution database center under the Ministry of Public Security for building a criminal judgment execution database system for serving the state management of criminal judgment execution.
4. To perform other duties and powers according to the provisions of law.
Thing 14. Responsibilities and powers of the ministries, ministerial-level agencies, agencies attached to the Government
Ministries, ministerial-level agencies and Government-attached agencies, within their assigned tasks and powers, shall cooperate with the Ministry of Public Security in implementing the provisions of law on construction, management and use. criminal judgment database system.
Thing 15. Responsibilities and powers of the People’s Committees of the provinces and centrally-run cities
Direct local agencies and organizations to coordinate with criminal judgment enforcement agencies of the People’s Public Security Forces, the People’s Army, prisons and detention camps in implementing law provisions on construction, to manage and use the criminal judgment enforcement database system in accordance with law.
Thing 16. Responsibilities and powers of agencies, organizations and individuals in the collection, provision and use of criminal judgment enforcement database
1. Agencies, organizations and individuals shall have to provide information to the criminal judgment database upon request and take responsibility for the accuracy of the information they provide.
2. Agencies, organizations and individuals that are provided with information on criminal judgment execution shall have to use the information for the right purposes, not be provided, and disclose information to third parties in any form. and promptly notify the competent data authority of errors in the data provided.
Chapter IV
TERMS ENFORCEMENT
Thing 17. Entry into force
This Decree takes effect on May 15, 2012.
Thing 18. Responsibility for implementation
1. The Minister of Public Security and the Minister of National Defense shall, within the ambit of their assigned functions, tasks and powers, have to organize the implementation and guide and inspect the implementation of this Decree.
2. Ministers, Heads of Ministerial-level agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces and centrally-run cities are responsible for the implementation of this Decree./.