What are regulations on the construction of a database on pre-trial detention and detention in Vietnam?

What are regulations on the construction of a database on pre-trial detention and detention in Vietnam?

Pursuant to Article 10 of the Decree 121/2017/NĐ-CP stipulating the construction of a database on pre-trial detention and detention in Vietnam as follows:

1. The construction of a database on pre-trial detention and detention is a process of performing the following tasks: Collecting, accumulating, and compiling information on the situation and results of pre-trial detention and detention and basic information on detainees; Standardizing, entering, and fully updating the information collected and compiled into an electronic storage system, in a certain structure, in accordance with the needs of state management of detainees.

2. The database on pre-trial detention and detention is built in accordance with the e-government architecture of Vietnam, meeting the national database technical standards, information technology, information security, and economic and technical standards.

3. Forms of collecting and updating information:

a) Periodic reports, case reports, and thematic reports on pre-trial detention and detention and statistics in accordance with the templates prescribed by the Minister of Public Security and the Minister of Defense;

b) Management records of detainees;

c) Related databases;

d) Other forms.

4. Agencies with the right to collect information on the situation, results of pre-trial detention and detention and basic information on detainees:

a) The Database Center for Pre-Trial Detention and Detention under the Ministry of Public Security; Provincial detention and detention management agencies; District detention and detention management agencies; detention camps; temporary detention centers in the People's Public Security;

b) Agencies for detention and detention under the Ministry of Defense; Provincial Border Guard Command; Military Criminal Execution Agencies of military regions and equivalents; Detention camps under the Ministry of Defense.

5. Agencies with the right to collect information on the situation, results of pre-trial detention and detention and basic information on detainees as stipulated in Clause 4 of this Article have the right to request to correct, supplement, or self-correct, supplement information when there are errors, misunderstandings, or omissions.

What are regulations on storing and preserving a database on pre-trial detention and detention in Vietnam?

Pursuant to Article 11 of the Decree 121/2017/NĐ-CP stipulating regulations on storing and preserving a database on pre-trial detention and detention in Vietnam as follows:

1. The database on pre-trial detention and detention is a national asset that must be managed, protected, and secured in accordance with the law.

2. The agency responsible for managing the database on pre-trial detention and detention is responsible for developing technical solutions, operational procedures, and regulations on database management, system operation, information security, data storage, and system testing.

3. The preservation of the database on pre-trial detention and detention must be ensured in a safe storage location and regularly updated and backed up to ensure the integrity and accessibility of the database.

What are regulations on exploiting and using a database on pre-trial detention and detention in Vietnam?

Pursuant to Article 12 of the Decree 121/2017/NĐ-CP stipulating regulations on exploiting and using a database on pre-trial detention and detention in Vietnam as follows:

1. Forms of exploitation and use of the database on pre-trial detention and detention include:

a) Through the internal computer network;

b) In writing or by a request for provision.

2. Subjects of exploitation and use:

a) Detention and detention management agencies;

b) Execution agencies for pre-trial detention and detention;

c) Supervision agencies for the execution of pre-trial detention and detention;

d) Investigative agencies;

dd) Persons being held in pre-trial detention or detention.

3. Principles of exploitation and use of the database on pre-trial detention and detention:

a) Agencies participating in the construction and maintenance of the database on pre-trial detention and detention are entitled to exploit data on pre-trial detention and detention within the scope of their management. The exploitation of the database on pre-trial detention and detention outside the scope of management must be approved by the competent authority managing the database on pre-trial detention and detention; if during the investigation, prosecution, and trial, it must be agreed in writing by the agency handling the case.

b) In case of state agencies, organizations, and individuals requesting to search, provide information and archived documents about persons being held in pre-trial detention or detention in the database on pre-trial detention and detention, they must comply with the regulations of the law on state secrets protection and the Archives Law; if during the investigation, prosecution, and trial, it must be agreed in writing by the agency handling the case.

4. The Minister of Public Security and the Minister of Defense shall promulgate procedures for receiving and handling requests for exploitation and use of the database on pre-trial detention and detention.

Best regards!