The Decree 20/2012/nd-Cp: Rules Database On Criminal Enforcement

Original Language Title: Nghị định 20/2012/NĐ-CP: Quy định cơ sở dữ liệu về thi hành án hình sự

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THE GOVERNMENT.
Number: 20 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 20, 2012

DECREE

Q U Define the database for criminal execution.

_________________

The Law base. I Government, December 25, 2001;

The Law base. I The criminal execution of June 17, 2010;

At the request of the Minister of Public Security;

The government issued a decree regulating the database for criminal execution.

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree provides for construction, collection, storage, processing, protection, exploitation, use (collectively, construction, management, use) database execution of criminal execution; the responsibility of the agency, organization, individual involved in construction, management, history, and the use of the organization. The database of criminal execution.

What? 2. Subject applies

This decree applies to the body of criminal law enforcement, the criminal execution body, and the agencies, organizations, individuals involved in the construction, management, and use of the database for criminal execution.

What? 3. The principle of construction, management, use of database execution of criminal execution execution.

1. comply with the Criminal Court Act, this decree and the provisions of the other law that are relevant.

2. All information relating to the execution of the criminal execution of the executor of the court, accepting the case, the approval of the judicial measure must be fully collected, timely, accurate and administered, using the correct regulation of the law.

3. Secure the personal information secret of the condemned person, who accepts the judicial measure by the rule of law.

Chapter II

CONSTRUCTION, MANAGEMENT, USE OF DATABASE EXECUTION OF CRIMINAL EXECUTION

What? 4. The database system for criminal execution execution

1. The database system for criminal execution is the collection of information about the situation, the results of criminal execution and other information relating to the person who accepts the verdict, the Court's decision on the punishment and judicial measure.

2. The database system for criminal execution by the Ministry of Public Security is a division of the national database of information prevention, anti-crime, to serve as a state administrator for criminal execution.

3. The database system for criminal execution includes:

a) The database of the criminal justice execs in the People's Public;

b) The database for criminal execution in the People's Army.

What? 5. The database of criminal executions in the People ' s Public Security.

1. The database center for the criminal justice department of the Ministry of Public Security has the function of construction, management, using the database system for criminal execution on a nationwide scope. The Minister of Public Security specifically regulates the guarantee for the organization and operation of the Database Centre for the Criminal Court of the Ministry of Public Safety.

2. Database on the criminal execution of the body of the Provincial Public Security Service, the body of execution of the criminal justice department of the district, the detention facility, the detention facility charged with:

a) Build, manage, use information on the criminal execution of the scope of management;

b) Provide information about the situation, the results of criminal execution and other information relating to the person who accepts the verdict, the Court's decision on the punishment and judicial measure of the Center for the Database on the Criminal Court of Public Affairs.

3. The Minister of Public Security specifically regulates the connection, providing information on the criminal execution of the criminal execution body of the criminal execution body of the provincial law enforcement execution body, the body of execution of a district-level public office, the detention facility, the camp. I ' m going to jail with the Database Center for Criminal Justice.

What? 6. The database of criminal action in the People ' s Army

1. The database on criminal execution of the Ministry of Defense is responsible:

a) Build, manage, use a database of criminal misconduct in the People's Army;

b) Provide information about the situation, the results of criminal execution and other information relating to the person who accepts the verdict, the Court 's decision on the punishment and judicial measure in the People' s Army on the Center for the Database on the execution of the criminal execution. of the Ministry of Public Security to build a database of criminal law enforcement to serve as a state administrator for criminal justice.

The Minister of Public Security, the Minister of Defense, instructs the details of the connection, providing information about the criminal execution of the database on the criminal law enforcement of the Department of Defense with the Database Center of Criminal Justice. It's safe.

2. Database on the criminal execution of a military-class criminal execution body, detention facility, detention facility in the Army of the People's Armed Forces.

a) Build, manage, use information on the criminal execution of the scope of management;

b) Provide information about the situation, the results of criminal execution and other information relating to the person who accepts the sentence, the Court's decision on the punishment and judicial measure of the database on criminal execution of the Ministry of Defense.

3. The Secretary of Defense specifically regulates the connection, providing information about the criminal execution of the criminal execution of criminal executions in the People's Army.

What? 7. Collate information on the situation, the results of criminal execution and other information that are related to the executive, the Court ' s decision on the punishment and judicial measure of the case.

1. Information on the situation, the results of criminal execution in the database execution of criminal executions include:

a) The number of those who approve of the law, who approve of the judicial measure;

b) The situation, the outcome of the criminal execution of the execs of the court, accepted the judicial measure;

c) The situation on the basis of material, engineering equipment, and a career in criminal justice;

d) Other information is relevant.

2. Basic information about the execs of the execution, who approx the judicial measure in the database execution of the criminal execution examination:

a) The verdict, the decision to be enforced in accordance with the provisions of Article 2 of the Criminal Court;

b) A calendar of the deprivation of the court, who accepts the judicial measure;

c) The summary of the offense;

d) The criminal record;

The money.

e) Civil service in the criminal verdict and the exercise of civil service;

g) The conduct of the process of acceptance, the acceptance of a judicial measure including adjournation or parole of only the execution; exemption, reducing the deadline of execution; suspension of the law enforcement action; termination of the practice of law education in the commune, ward, the town; adjourn to take the measure put into the school of education; the termination of the measure of acceptance into the school of education; settlement in case of a person who accepted the court, accepted the judicial measure of escape or death; the result of the acceptance of the law, acceptance of the judicial measure and other information is relevant;

h) the place of residence, working after the execution of the punishment, the judicial measure;

i) Other information is relevant.

3. All forms of collecting, update information:

a) The periodic report, the incident report, the seminal report on the criminal execution examination and the statistics according to the prescribed form of the Minister of Public Security, the Minister of Defense;

b) The file of the execution of the court, who accepts the judicial measure;

c) The databases are relevant;

d) Other forms.

What? 8. Manage, protect the database system on criminal execution enforcement and management.

1. The database system for criminal execution is a national asset that must be managed, tightly guarded, safe under the rule of law.

2. The Agency is entrusted with database management of the criminal execution competition responsible for building technical solutions, business processes, regulation of database management, system operation, security, information safety, data storage, system testing, and data management. Oh,

What? 9. Mining and use of the database system on criminal baggage execution

1. The exploit forms, using a database execution of the criminal execution competition include:

a) Through the electronic information portal;

b) Through the computer network;

c) By text or a coupon offer.

2. Subject, scope of exploitation and use:

a) The participating agencies build and maintain a database of criminal execution of the right to exploit the criminal execution of the criminal jurisdiction of its body. The exploitation of the database for criminal execution outside the scope of management must be approved by the database management authority.

b) The case of state agencies, organizations, individuals who require a search for help, provides information, documents on the subject of the law, who accept judicial measures in the database of criminal executions, must comply with the laws of law. to protect state secrets and national archives.

What? 10. The exchange of data between the database system on criminal execution enforcement and other databases is related to the system.

1. The exchange of data between the database of criminal action and other databases is carried out by law.

2. Information on the Executive, who accepts the judicial measure of the database on criminal execution of the criminal justice system provided to the database of defense, anti-crime to serve state management of security, order and defence, Anti-crime.

What? 11. The guarantee budget for the construction, management, use of the database execution of criminal execution execution.

Funding for investment, construction, management, use of database execution of criminal execution by the state budget in the annual state budget forecast for the Ministry of Public Security and Department of Defense.

Chapter III

RESPONSIBILITY, THE AUTHORITY OF THE AGENCY, THE ORGANIZATION, THE INDIVIDUAL IN CONSTRUCTION,

MANAGEMENT, USING THE DATABASE SYSTEM ON CRIMINAL BAGGAGE EXECUTION

What? 12. Responsibility, the powers of the Ministry of Public Security

1. The Ministry of Public Security helps the Government to unify the state ' s management of the database system on criminal execution execution.

2. Research, the proposed issue, or issued by the jurisdiction of the copyright law of the database system on criminal execution.

3. Building the facilities, training, fostering staff for construction, management, using the database system for criminal execution.

4. Directed by, guide, check out the construction, management, use of the database on the unification of criminal execution on the nationwide scope.

5. Do other duties, other powers according to the rule of law.

What? 13. Responsibility, the powers of the Ministry of Defense

The Ministry of Defense is responsible for the management of the database of criminal executions in the People's Army and on the following duties:

1. Build, manage, exploit and use the database for criminal execution of the People's Army.

2. Secure the facilities, training staff as a work at the database for criminal execution of the People's Army.

3. Provide data on criminal action in the People ' s Army on the Center for Database on the Criminal Court of the Ministry of Public Security to build a database system for criminal execution of a criminal law enforcement operation.

4. Do other duties, other powers according to the rule of law.

What? 14. Responsibility, the powers of the ministries, peer agencies, government agencies.

Ministries, peer agencies, government agencies within the mission range, the powers are charged with coordination with the Ministry of Public Security in the implementation of the regulation of the law on construction, management, use of the database system on criminal execution competition.

What? 15. Responsibility, the powers of the Provincial People ' s Committee, Central City

Directing the agencies, local organizations in coordination with the criminal execution body of the People's Security, the People's Army, the detention camps, the detention facility, the law of construction, management, and the use of database systems. Criminal justice.

What? 16. Responsibility, the powers of the agency, the organization, the individual in the collection, supply, use of the database on criminal execution execution.

1. Agency, organization, individual responsible for providing information to the database for criminal execution when required and responsible for the accuracy of the information provided.

2. Agency, organization, individuals who are provided with information about the criminal execution exam are responsible for using the right information, are not provided, to reveal information to the third party in any form and have to promptly inform the agency of the data management. There is an authority on the flaws of the data provided.

Chapter IV

EXECUTION CLAUSE

What? 17.

This decree has been in effect since 15 May 2012.

What? 18.

1. Minister of Public Security, the Minister of Defense within the range of functions, duties, powers assigned to the responsibility of organizing and guiding, examining the implementation of this decree.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung