What are the forms of archive and protection of judicial record databases in Vietnam?

What are the forms of archive and protection of judicial record databases in Vietnam? (Internet image)

Articles 21, 22 and 23 of Decree 111/2010/ND-CP stipulate the forms of archive and protection of judicial record databases as follows:

Archive of judicial record files

- Archive of documented judicial record files

• The archive of documented judicial record files must adhere to the principles that files are separately classified for different individuals and each file has separate signs to ensure accurate and convenient information search.

• Copies of criminal judgments, excerpts of criminal judgments and criminal judgment enforcement decisions, certificates of complete serving of penalty and judicial records of individuals shall be archived at the National Center for Judicial Records and provincial-level Justice Departments until such individuals die.
• Other documents in judicial record files shall be archived definitely and might be destroyed when they are no longer useful under the law on archive.

- Archive of electronic judicial record data

• Electronic judicial record data shall be obtained through digitalizing documented judicial record files, structured to be consistent with documented judicial record files and archived indefinitely at the National Center for Judicial Records and provincial-level Justice Departments.

• In case of inconsistency between electronic judicial record data and documented judicial record files, the National Center for Judicial Records and provincial-level Justice Departments shall conduct verification before making appropriate adjustments.

Management and exploitation of judicial record databases

- The management and exploitation of judicial record databases must comply with the Law on Judicial Records and this Decree.

- Civil servants and public employees working in the National Center for Judicial Records and provincial-level Justice Departments may access judicial record databases within the scope of their vested powers and assigned duties and tasks.

- The Minister of Justice shall guide the management, use and exploitation of judicial record databases.

Measures to protect judicial record databases

The National Center for Judicial Records and provincial-level Justice Departments shall take measures to assure safety and security for judicial record databases.

- General protective measures:

• Measures against data hacking;

• Measures against fires, explosions and natural disasters.

- Measures to protect documented judicial record files:

• Building or arranging storehouses up to set standards;

• Installing sufficient technical equipment and devices for file preservation;

• Maintaining appropriate temperature, humidity and light for file preservation;

• Controlling insects and fungi or neutralizing acids and other elements harmful to files;

• Repairing or restoring files which are damaged or in danger of damage.

- Measures to protect electronic judicial record data:

• Assuring data safety and security;

• Assuring network security.

More details can be found in Decree 111/2010/ND-CP, which comes into force from January 10, 2011.

Nguyen Phu

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