Circular 31/2014/tt-Nhnn: Amendments And Supplements To Some Articles Of The Circular No. 35/2013/tt-Nhnn Dated Jan. 31, 2013 The Guide Made Some Regulations On Prevention Of Money Laundering

Original Language Title: Thông tư 31/2014/TT-NHNN: Sửa đổi, bổ sung một số điều của Thông tư số 35/2013/TT-NHNN ngày 31 tháng 12 năm 2013 hướng dẫn thực hiện một số quy định về phòng, chống rửa tiền

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STATE BANK
Number: 31 /2014/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 11, 2014

IT ' S SMART

Edit, add some of the stats of the Digital 35 /2013/TT-NHNN December 31

2013 guidelines for a number of room regulations, anti-money laundering

____________________

Vietnam State Bank Law School No. 46 /2010/QH12 June 16, 2010;

The Chamber of Laws, the money laundering. 07 /2012/QH13 June 18, 2012;

Department of Defense, Anti-Terrorism. 28 /2013/QH13 June 12, 2013;

Base of Protocol 116 /2013/NĐ-CP October 4, 2013 of the Government rules the law enforcement of certain provisions of the Law of Room, Anti-Money laundering;

Base of Protocol 156 /2013/NĐ-CP November 11, 2013 the Government regulates the functions, duties, powers, and organizational structure of the State Bank of Vietnam;

On the recommendation of the Chief Inspector, the bank oversight;

The Governor of the State Bank of Vietnam issued the revised Notice, adding some of the provisions of the Information 35 /2013/TT-NHNN December 31, 2013 Guide made some room regulation, anti-money laundering (the following this is called Private Information). 35 /2013/TT-NHNN).

What? 1. Modified, supplement some of the provisions of the Digital 35 /2013/TT-NHNN as follows:

1. paragraph 2, 3, 4 Article 3 is amended as follows:

" 2. Gather plugins of the following information:

a) For the customer is personal:

-The average monthly income in at least 3 (three) the closest month of the customer;

-Name, address, telephone number of the agency, organization or owner of the workplace or have a major income.

b) For the customer is the organization:

-Industry, manufacturing, business, revenue creation services;

-Total revenue in 2 (two) the closest year;

-List (surname, permanent address) Member of the Board or Board Member, Member of the Executive Board, Chief Accounting or equivalent;

-Name, address, representative by law or under the jurisdiction of the parent company (if the customer is a subsidiary) or a list of names, addresses, representatives from the law or by the authority of the branch, subsidiary, representative office (if the customer) It's a parent company.

3. Monitor customer transactions to ensure customer transactions are in line with the nature, the purpose of establishing customer relationships and activities; in time to detect abnormal transactions and consider the suspicious transaction report when there is sufficient opportunity to deliver the customer service. Legally, legally.

4. Update the periodic information at least 1 (one) a year or when the report subject information about the customer has had the change ".

2. Article 4 is modified as follows:

" Article 4. The list of foreign individuals has political influence.

1. The list of foreign individuals with a prescribed political influence at 1 Article 13 Laws of Defense, Anti-money laundering is provided by the State Bank of Vietnam for the reporting subject by electronic data file.

2. The report subject must be registered in writing with the Ombudgong Agency, overseeing the bank (through the Bureau of Defense, Prevention of Money) information about the recipient of a Political Personality List, including: surname, number of people ' s proof or passport. And the deadline, the office, the work address, the telephone number and the email box.

3. The report object is not provided to the List for the third party if it is not written by the Office of the Inspectology, overseeing the bank ".

3. Clause 1 Article 7 is modified as follows:

" 1. Report responsibility:

a) Except for electronic transfer transactions at this b-point, the financial institution is allowed to carry out domestic payment services, the international must report the Bureau, anti-laundering that used electronic money transfer transactions in the country with a value. 500,000,000 (five hundred million) of the same or foreign currency exchange rate and the exchange of international electronic money into Vietnam has a value of 1,000 (a thousand) dollars or other foreign currency with equal value;

b) Electronic transfer transactions are not reported to include:

-Trading transaction derived from the transaction using debit card, credit card or prepaid card to pay for the payment of goods, services;

-Trading money transfers and payments between the financial institutions that the origination and the beneficiary are all financial institutions.

c) For electronic transfer transactions in the country, the financial institution that transfers the money transfer must be reported and has a responsibility to fully collect information about the individual, the organization that orders the transfer of money. The financial institution that serves the beneficiary is responsible for gathering full information about the individual, the regulatory beneficiary at the point of paragraph 2 This and the Department report, anti-laundering when required. The financial institution is responsible for reporting the Bureau, anti-laundering by electronic data files under regulation at Article 10 of this Information, "

4. Additional Article 10a as follows:

" 10a. Distribution, audit and training, fostering for prevention, money laundering

1. Division of cadres, department responsible for prevention, money laundering

a) A financial institution, the relevant non-financial business organization that has to be assigned to a member of the board member or the Board of the Committee to be responsible for the organization, directed, and examining the compliance of the law of the chamber, Anti-money laundering in units (later called a person in charge, anti-money laundering) and registration with the Bureau, combing money laundering with detailed information such as family names, workplace addresses, telephone numbers, fax numbers, email addresses (email) to contact when it comes to contact. It's essential When changing the person in charge of the room, anti-money laundering or information related to this person, the financial institution, the non-financial business organization involved in timely notice of the Bureau, anti-money laundering;

b) Depending on the scale, scope and force of operation, financial institution, the business organization business organization involved must form the department, department, board, or specify a department at the headquarters responsible for the room, against the organization, and the organization. Money laundering; at the trading department, branch (if any) must be assigned one or some officers or department responsible for the room, anti-money laundering.

2. Internal audit of room, money laundering

a) Every year, the financial institution, the financial industry business organization, is involved in an internal audit of the room, anti-money laundering. Internal audits, anti-money laundering can be conducted independently or in combination with other content. Internal audit content includes: inspection control, independent evaluation, internal control system objective, internal process compliance and petitions, proposals to improve efficiency, performance of room work, anti-money laundering;

b) All violations detected during internal audit process must be reported to the person in charge of the room, anti-laundering and the head of the reporting object for disposal;

c) Slow down after 60 (sixty) days from the end of the fiscal year, financial institution, and business organization, the non-financial business organization, has to send an internal audit report to the chamber, anti-money laundering, anti-money laundering.

3. Training, fostering care, anti-money laundering

a) Every year, the financial institution, the non-financial business organization involved in training, fostering cadres, specialist staff, or semi-intensive care, anti-money laundering and staff, employees are tasked with dealing with the transaction. the money, property with a client in a room, an anti-money laundering;

b) The financial institution, the non-financial business organization involved in the training of newly employed employees is expected to take charge of the money laundering and other tasks related to money transactions, property with knowledge customers, Room service, anti-money laundering within 6 (six) months from the date of being recruited;

c) The training content, fostering case, anti-money laundering must include: the rule of law and internal regulation of the chamber, anti-money laundering-liability when not implementing the laws of the anti-money laundering prevention; method. The money laundering process; money laundering risks associated with products, services, tasks that cadres, employees are delivered ".

5. Additional Article 10b as follows:

" 10b. Room, counter terrorism.

1. The report subject must apply the prevention measures, counter terrorism in accordance with the regulations stated at Article 3, Article 4, Article 5, Article 6, Article 7, Article 8, Article 10, Article 13, Article 14, Article 14 116 /2013/NĐ-CP April 4, 2013, the Government rules out certain provisions of the Law of Defense, Anti-Money laundering.

2. When there is a suspicion of organization, the individual who performs the behavior that is associated with terrorist funding, the report subject is responsible for reporting suspicious transactions to the Bureau, anti-money laundering or by a prescribed electronic data file at Article 10 of Information. Come on.

3. The report content is carried out by regulation at paragraph 2, 3 Article 8 This Information ".

What? 2. Terms of execution

It has been in effect since December 26, 2014.

What? 3. Organization Responsibility

1. State of the state authority has jurisdiction under the provisions of the Law of Prevention, anti-money laundering and regulatory subject matter stipulated at 1 Article 2 Digital News 35 /2013/TT-NHNN to be responsible for the organization of this kind of information.

2. In the course of execution, if there is a matter of birth or difficulty, entangrium, the subject report reflects on the Bank of Vietnam (through the Department of Defense, Anti-Money laundering) to be guided in timely ./.

KT. GOVERNOR.
Vice Governor.

(signed)

Thank you.