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THE GOVERNMENT OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 59/2020/ND-CP

Hanoi, May 27, 2020

DECREE

DATABASE ON EXECUTION OF CRIMINAL JUDGMENTS

Pursuant to the Law on Governmental Organization dated June 19, 2015;

Pursuant to Law on Execution of Criminal Judgments dated June 14, 2019;

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

Pursuant to Law on Cyberinformation Security dated November 19, 2015;

At the request of the Minister of Public Security;

The Government hereby promulgates a Decree on database on execution of criminal judgments.

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GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates development, collection, storage, processing, protection, extraction and use (hereinafter referred to as “development, management and use”) of database on execution of criminal judgments; responsibilities and power of agencies, organizations and individuals involved in the development, management and use of database on execution of criminal judgments.

Article 2. Regulated entities

This Decree applies to criminal judgment execution management agencies, criminal judgment execution agencies and agencies, organizations and individuals involved in the development, management and use of database on execution of criminal judgments.

Article 3. Principles of development, management and use of database on execution of criminal judgments

1. Regulations of Law on Execution of Criminal Judgments; this Decree and regulations of other relevant laws shall be complied with.

2. Every information on execution of criminal judgments of persons or corporate legal entities serving sentences or judicial measures shall be collected and updated in a full, prompt, accurate, objective and scientific manner; and extracted and used for the intended purposes according to regulations of the law.

3. The personal information of persons or corporate legal entities serving sentences or judicial measures shall be kept secret according to regulations of the law.

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Chapter II

DEVELOPMENT, MANAGEMENT AND USE OF DATABASE ON EXECUTION OF CRIMINAL JUDGMENTS

Article 4. Database on execution of criminal judgments

1. Database on execution of criminal judgments is a collection of information on progress and results of execution of criminal judgments and other information relevant to persons, corporate legal entities serving sentences and decision on penalties and judicial measures of the Court.

2. The database on execution of criminal judgments under consistent management of the Ministry of Public Security constitutes part of the national database system of crime prevention and combat for state management of execution of criminal judgments.

3. Database on execution of criminal judgments include:

a) Database on execution of criminal judgments in the People's Public Security Force;

b) Database on execution of criminal judgments in the People's Army;

Database on execution of criminal judgments in the People's Public Security Force shall be connected to database on execution of criminal judgments in the People's Army; After agreement with the Ministry of National Defense, the Ministry of Public Security shall provide guidance on connection, provision and exchange of data between the database on execution of criminal judgments in the People's Public Security Force and the database on execution of criminal judgments in the People's Army.

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1. The criminal judgment execution management agency of the Ministry of Public Security is a criminal judgment execution database management agency that is responsible for nationwide development, management and use of database on execution of criminal judgments.

2. The criminal judgment execution agencies of provincial-level police departments, criminal judgment execution agencies of district-level police offices, prisons and detention centers shall:

a) Collect, update information and extract the database on execution of criminal judgments under their management;

b) Provide data on execution of criminal judgments for criminal judgment execution management agencies of the Ministry of Public Security;

Article 6. Database on execution of criminal judgments in the People's Army;

1. The criminal judgment execution management agencies of the Ministry of National Defense shall:

a) Develop, manage and use database on execution of criminal judgments in the People's Army;

b) Provide data on execution of criminal judgments in the People's Army for criminal judgment execution management agencies of the Ministry of Public Security for development of database on execution of criminal judgments.

2. The criminal judgment execution agencies of military zones, prisons and detention centers in the People's Army shall:

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b) Provide data on execution of criminal judgments for criminal judgment execution management agencies of the Ministry of National Defense;

Article 7. Development of database on execution of criminal judgments

1. The database on execution of criminal judgments shall be developed in a synchronous, focused, consistent manner and accessible nationwide.

2. The database on execution of criminal judgments shall comply with technical standards and regulations on application of information technology; ensure the security of information; compatibility and connectivity between information systems.

3. The structural design of the database on execution of criminal judgments shall be compatible and capable of integrating and sharing data with other relevant professional databases managed by the Ministry of Public Security; ensure expansion, upgradation and development.

Article 8. Information in database on execution of criminal judgments

1. The information on situations and results of execution of criminal judgments in database on execution of criminal judgments include:

a) Quantity of persons or corporate legal entities serving sentences or judicial measures;

b) Progress and results of execution of criminal judgments for persons or corporate legal entities serving sentences or judicial measures;

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2. The basic information about persons serving sentences or judicial measures in database on execution of criminal judgments include:

a) Executable judgments and decisions specified in Article 2 of Law on Execution of Criminal Judgments;

b) Personal history;

c) Brief description of the process of committing crimes;

d) Previous convictions;

dd) Previous administrative violations;

e) Civil obligations in criminal judgment and exercise of civil obligations;

g) Developments in the process of serving sentences and judicial measures, including postponement or suspension of serving sentences; exemption or reduction in the duration of serving sentences; parole, cancellation of the decision on parole; forced serving of the suspended sentence; termination of execution of the measure of compulsory medical treatment; postponement or suspension of the serving of the measure of sending to a reformatory; termination of the serving of the measure of sending to a reformatory; handling of cases of death or escape of persons serving sentences and judicial measures and results of serving sentences and judicial measures;

h) Places of residence or work of persons serving sentences and judicial measures after completion of serving sentences and judicial measures.

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a) Executable judgments and decisions specified in Article 2 of Law on Execution of Criminal Judgments;

b) Information about corporate legal entities serving sentences or judicial measures;

c) Brief description of the process of committing crimes;

d) Civil obligations in criminal judgment and exercise of civil obligations;

dd) Developments in the process of serving sentences and judicial measures including coercive judgment execution; transfer of judgment execution obligation; results of serving sentences and judicial measures.

4. Methods of collection and update of information:

a) Periodic reports, reports on cases, thematic reports on execution of criminal judgments and statistical data according to the form prescribed by the Minister of Public Security and the Minister of National Defense;

b) Documents on persons or corporate legal entities serving sentences or judicial measures;

c) Relevant databases;

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Article 9. Storage of electronic data on execution of criminal judgments

1. The electronic data on execution of criminal judgment is built on the basis of digitization of the records of serving sentences, judicial measures and paper-based professional documents with the structure in accordance with the standards of input information data for assurance about the integrity, authentication with professional records and documents and long-term storage.

2. In case of discrepancies between the electronic data on execution of criminal judgments and the paper-based professional documents and records, the criminal judgment execution management agency or the criminal judgment execution agency shall inspect and verify in order to adjust the contents.

Article 10. Management and protection of database on execution of criminal judgments

1. The database on execution of criminal judgments shall be managed and protected in a strict and safe manner according to regulations of the law.

2. The agency assigned to manage the database on execution of criminal judgment shall be responsible for development of technical solutions, professional processes and regulations on update and management of the database, operation of the system, information security, data storage and system testing.

3. The database on execution of criminal judgment shall be safely preserved, regularly backed up, in order to ensure smoothly operation, system and data recovery in case of incidents.

Article 11. Extraction and use of database on execution of criminal judgments

1. Methods of extraction and use of database on execution of criminal judgments:

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b) In writing or request forms.

2. Entities and scope of extraction and use:

a) The agencies participating in the development, collection, update of information and maintenance of the database on execution of criminal judgments shall be entitled to extract data on execution of criminal judgments under their management;

b) The agencies, organizations and individuals that request information on persons or corporate legal entities serving sentences or judicial measures in the database on execution of criminal judgments shall comply with regulations of the state secrets protection law and the Law on Archives;

c) If the request for information about persons or corporate legal entities serving sentences or judicial measures is illegal, violates regulations on protection of state secret and infringes upon rights and interests of persons or corporate legal entities serving sentences or judicial measures, the agencies that have functions and tasks in provision of information shall have the right to refuse such request.

d) The Ministry of Public Security and the Ministry of National Defense shall provide specific guidance on procedures and competence in permitting the fulfillment of requests and the scope of provision of information on execution of criminal judgment in the People's Public Security Force and the People's Army.

Article 12. Exchange of data between database on execution of criminal judgments and other relevant databases

1. The exchange of data shall comply with regulations of the law, the Ministry of Public Security and the Ministry of National Defense

2. The data on persons or corporate legal entities serving sentences or judicial measures in the database on execution of criminal judgments shall be provided to the national database system of crime prevention and combat for state management of security, order and fight against crime.

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The funding shall be covered by state budget within the state budget estimates assigned to the Ministry of Public Security and the Ministry of National Defense.

Chapter III

RESPONSIBILITIES AND POWERS OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS RELATED TO DEVELOPMENT, MANAGEMENT AND USE OF DATABASE ON EXECUTION OF CRIMINAL JUDGMENTS;

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

1. The Ministry of Public Security shall assist the Government in performing the consistent state management of the database on execution of criminal judgments.

2. Research and request for promulgation or promulgation under its competence of legal documents on the database on execution of criminal judgments.

3. Ensure facilities, training and refresher training for officials in development, management and use of the database on execution of criminal judgments.

4. Direct, guide and inspect the development, management and use of the database on execution of criminal judgments in a consistent manner in nationwide.

5. Perform other duties and powers as prescribed per the law.

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The Ministry of National Defense shall be responsible for management of database on execution of criminal judgments in the People's Army and have the following tasks and powers:

1. Develop, manage, extract and use database on execution of criminal judgments in the People's Army.

2. Ensure facilities, training and refresher training for officials in development, management and use of the database on execution of criminal judgments in the People's Army.

3. Direct the criminal judgment execution management agencies of the Ministry of National Defense to fully, promptly and accurately provide data on execution of criminal judgments in the People's Army for the criminal judgment execution management agencies of the Ministry of Public Security in order to develop the database on execution of criminal judgments for state management of execution of criminal judgments.

4. Perform other duties and powers as prescribed per the law.

Article 16. Responsibilities and powers of ministries, ministerial-level agencies, Governmental agencies

Ministries, ministerial-level agencies and Governmental agencies shall, within their assigned powers, cooperate with the Ministry of Public Security in compliance with regulations of the law on development, management and use of database on execution of criminal judgments.

Article 17. Responsibilities and powers of the People’s Committees of provinces

Direct the local agencies and organizations to cooperate with criminal judgment execution agencies of the People's Public Security Force, the People's Army, prisons and detention centers in compliance with regulations of the law on development, management and use of the database on execution of criminal judgments.

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1. The agencies, organizations and individuals shall, within the scope of their functions, tasks and powers, provide information for development of the database on execution of criminal judgments upon request and take responsibility for the accuracy of the provided information.

2. The agencies, organizations and individuals that receive information on execution of criminal judgments shall be responsible for use of the information for the intended purposes. They shall not provide or leak information to the third party under any methods. They shall promptly notify the competent agencies that manage data of the errors of the provided data.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19: Entry into force

This Decree takes effect from June 05, 2020 and replaces Decree No. 20/2012/ND-CP dated March 20, 2012 on database on execution of criminal judgments.

Article 20. Responsibility of implementation

1. The Minister of Public Security and the Minister of National Defense shall, within the cope of their assigned tasks, functions and powers, implement, guide and inspect the implementation of this Decree.

2. The Ministers, Heads of the ministerial-level agencies, Heads of the Governmental agencies, the Presidents of the People's Committees of provinces shall be responsible for the implementation of this Decree

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc

5.603

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