Chương II Nghị định 59/2020/NĐ-CP: Xây dựng, quản lý, sử dụng cơ sở dữ liệu về thi hành án hình sự

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.

Article 5. Database on execution of criminal judgments in the People's Public Security Force

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: 

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 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;

c) Available human resources, facilities, technical and professional equipment for execution of criminal judgments.

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.

3. The basic information about corporate legal entities 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) 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;

d) Other forms.

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:

a) Via local area network;

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.

Article 13. Funding for development, management and use of database on execution of criminal judgments

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.