What is a judicial record database? Measures to protect judicial record databases in Vietnam

What is a judicial record database? What are the measures to protect judicial record databases in Vietnam? - Van Truong (Quang Nam, Vietnam)

Cơ sở dữ liệu lý lịch tư pháp là gì? Các biện pháp bảo vệ cơ sở dữ liệu lý lịch tư pháp
What is a judicial record database? Measures to protect judicial record databases in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. What is a judicial record database?

According to Clause 1, Article 11 of the Law on Judicial Records 2009, a judicial record database means a collection of judicial record information on previous criminal convictions and ban from holding certain posts, establishing or managing enterprises or cooperatives, which is updated and processed under the Law on Judicial Records 2009.

In addition, judicial record databases constitute a national property and must be strictly and safely protected.

The management and exploitation of judicial record databases must comply with the Law on Judicial Records 2009 and Decree 111/2010/ND-CP.

(Article 3 of Decree 111/2010/ND-CP)

2. Measures to protect judicial record databases in Vietnam

Specifically, in Article 23 of Decree 111/2010/ND-CP, the National Center for Judicial Records and provincial-level Justice Departments shall take measures to assure safety and security for judicial record databases.

(1) General protective measures:

- Measures against data hacking;

- Measures against fires, explosions and natural disasters.

(2) 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.

(3) Measures to protect electronic judicial record data:

- Assuring data safety and security;

- Assuring network security.

3. Tasks of the competent agencies in managing judicial record databases in Vietnam

3.1. Tasks of the National Center for Judicial Records in managing judicial record databases in Vietnam

According to Article 12 of the Law on Judicial Records 2009, the tasks of the National Center for Judicial Records in managing judicial record databases include:

- To develop, manage, exploit and protect judicial record databases nationwide.

- To guide the development, management, exploitation and protection of judicial record databases at provincial-level Justice Departments.

- To receive, update and process judicial record information provided by the Supreme People's Procuracy, competent agencies of the Ministry of Public Security, judgment enforcement agencies of the Ministry of National Defense and provincial-level Justice Departments.

- To receive judicial records provided by provincial-level Justice Departments.

- To provide judicial record information to provincial-level Justice Departments.

- To compile judicial records and issue judicial record cards according to its competence.

- To provide judicial record information on foreigners convicted by Vietnamese courts at the request of the Supreme People's Procuracy.

- To observe the statistical and reporting regime in managing judicial record databases nationwide.

3.2. Tasks of provincial-level Justice Departments in managing judicial record databases in Vietnam

Specifically, Article 13 of the Law on Judicial Records 2009 stipulates the tasks of provincial-level Justice Departments in managing judicial record databases as follows:

- To develop, manage, exploit and protect judicial record databases within their provinces or centrally run cities.

- To receive, update and process judicial record information provided by courts, concerned agencies and organizations and the National Center for Judicial Records.

- To compile judicial records and issue judicial record cards according to their competence.

- To provide judicial records and additional information to the National Center for Judicial Records; to provide judicial record information to other provincial-level Justice Departments.

- To observe the statistical and reporting regime in managing judicial record databases in their localities.

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