Circular 35/2013/tt-Nhnn: A Guide To Implementing Some Provisions On Prevention Of Money Laundering

Original Language Title: Thông tư 35/2013/TT-NHNN: Hướng dẫn thực hiện một số quy định về phòng, chống rửa tiền

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CIRCULAR Guide made some regulations on prevention of money laundering _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law the State Bank of Vietnam the number 46/2010/QH12 16 June 2010;
Pursuant to the law, money laundering 07/2012/QH13 on June 18th, 2012;
Pursuant to Decree No. 116/2013/NĐ-CP on 10/04/2013 details the Government's implementation of some articles of the law on prevention of money laundering;
Pursuant to Decree No. 154/2013/ND-CP on 11/11/2013 of government functions, tasks, powers and structure of the State Bank of Vietnam;
According to the recommendation of the Chief Inspector, bank supervision, the Governor of the State Bank of Vietnam issued circulars made some regulations on prevention of money laundering.
Article 1. Scope this regulation circular about reviews enhance for high-risk clients; Notice the list of foreign individuals have political influence; the content, the form of the report: large-value transactions, transactions, electronic funds transfers, money laundering to terrorist financing; value of precious metals, precious stones and transfer tool must declare to customs.
Article 2. Application object 1. The object of the report according to the provisions in clause 1, 2 article 2 law against money laundering.
2. organizations and individuals, Vietnam; foreigners or stateless persons living or not living on the territory of Vietnam; foreign organizations, international organizations, non-governmental organizations operating or not operating on the territory of Vietnam but have financial transactions or other property transactions with organizations or individuals specified in paragraph 1 of this article.
Article 3. Enhanced evaluation measures for high-risk clients for clients have a high level of risk does not in the circumstances specified in articles 13, 14, 15, 16 and 17 of the law on prevention of money laundering, in addition to adopting measures to recognize as stipulated in article 9 of law room , money laundering, the report object to apply the measures for strengthening the assessment of the following: 1. The approval of a higher level of management for at least one level compared to the level approved for the regular customers when the customer is first established or when existing customers are rated as high-risk clients. For existing customers, as reviews or reviews are rated as high risk client, audience reports to the authority for approval or approved leave the relationship with this customer and apply enhanced measures as prescribed in paragraph 2, paragraph 3 and paragraph 4 of this Article.
2. Collect the additional following information: a) for individual clients:-average monthly income in 6 months of customer; name, address, contact telephone number of the Agency, organization or home base work or main income;
-Name, address, occupation, spouse's children.
b) for guests is organized:-production lines of business, the main revenue generating services;
-Financial report for 2 years;
-List of (name, address, telephone) Board members or Board members, Executive Committee members, chief accountant or equivalent;
-List of (name, address, representative) of the parent company, subsidiary, Representative Office (if available).
3. to closely monitor the transactions of customers who have high risks.
4. Updated information periodically for at least 6 months or when the object reports information about customers have change.
Article 4. List of foreign individuals have political influence 1. List of foreign individuals have political influence under the provisions of article 13 paragraph 1 the law on prevention of money laundering are posted on the electronic information Page (website) of the State Bank of Vietnam at the address http://www.sbv.gov.vn.
2. The visit, tapping a personal list of influential foreign politics under the guidance of Agency inspectors, Bank Supervision Department of the State Bank of Vietnam (hereinafter referred to as inspection bodies, banking supervision); the object reports that provide information about this list to a third party without the consent of the inspection authority, supervising the Bank.
3. the report object to register in writing with the Agency inspectors, bank supervision (through the Directorate of prevention of money laundering) information about the visitor, tapping a personal list of influential foreign politicians, including: name, number of the identity card or passport is valid, the Office phone and address, workplace, e-mail.
Article 5. The report has large value transactions 1. When making large-value transactions, the report object is responsible for reporting money laundering prevention Directorate in writing by form number 2 attached to this circular or by electronic data files according to the provisions of article 10 of this circular.
2. in case the customer cash foreign currency lodging has great value to purchase copper Vietnam or the Vietnam currency lodging has great value to buy foreign currencies only cash transactions reports filed in cash.
3. the content of the report has large value transaction: a) information about the client: – for the customer is personal: full name, date of birth, number of the identity card or passport number, nationality (customers have multiple nationalities, to complete the nationality and registration of address of residence in the country of nationality) , residential address in Vietnam;
-For the client's organization: organization name, address, country, tax code; the case held no tax code, the required number of active licenses or establishment or business registration certificate.
b) information about the transaction:-for large-value transactions in cash (Vietnam Dong or foreign currencies): transaction date, account number (if available), type of transaction, the transaction code (unique reference number for each transaction), the transaction amount, transaction type, the amount to be converted into Vietnam Dong (according to the rates of the respective transaction type at the time of delivery arise room), reason, purpose of the transaction, the name, place where transaction;
-For buying, selling gold has great value: transaction date, transaction type, transaction codes (unique reference number for each transaction), volume (unit: kilogram; listed under each type of goods), the value of each transaction, the total value of transactions in the same converted on Vietnam , reason, purpose of the transaction, the name, place where transaction;
c) other information are specified in the form attached to this circular.
4. the report object to reviewing, screening the cash transactions have great value to timely detect suspicious transactions.
Article 6. Suspicious transaction reports 1. When detecting suspicious transactions under the provisions in article 22 law on prevention of money laundering and article 14 of Decree 116/2013/ND-CP on 04/10/2013 detailing the implementation of a number of articles of the law on prevention of money laundering, the report object is responsible for reporting money laundering prevention Directorate in writing according to the form attached to this circular No. 01 or by electric data file death under the provisions of article 10 of this circular.
2. money laundering prevention Directorate is responsible to confirm the received suspicious transaction reports and feedback for the audience to report these problems arise if needed.
Article 7. Transaction report electronic funds transfer 1. When providing electronic funds transfer service exceeds the prescribed value, the report object is responsible for reporting money laundering prevention Directorate in writing or by electronic data files according to the provisions of article 10 of this circular.
2. the content of the report contains the following information: a) the broadcasting organization money order: name of the organization or transaction; contact address; countries.
b) organization serving the beneficiary: name of the organization or transaction; contact address; countries.
c) individuals, money transfer organizations and individuals, the beneficiary organizations:-personal: full name; identity card number or passport number is valid; account number (if available); transaction code; the amount, the currency of the transaction; contact address; countries.
-Organization: name; account number; tax code; business registration number; transaction code; the amount, the currency of the transaction; contact address; countries.
3. intermediary institutions must retain transaction record includes the information prescribed in item 2 of this Thing for at least 5 years from the date the transaction arise and have a responsibility to provide that records for the competent State agencies when requested and does not have to report electronic funds transfers for the Bureau in the room Prevention of money laundering.
4. the report object is allowed to perform the international electronic money transfers to build the information technology system for the match report by the electronic data files according to the provisions of article 10 of this circular and should have system software to filter, analyze transactions aimed at the room , anti money laundering and prevent other risks.
Article 8. Report acts of money laundering to terrorism financing 1. When held, the individual transactions are in the black list or when there is evidence that organizations and individuals performing acts related to the crime of money laundering to terrorist financing, the report object is responsible for reporting acts of money laundering to terrorist financing for anti-terrorism forces of the Ministry of public security at the same time reports for money laundering prevention Directorate in writing or by electronic data files according to the provisions of article 10 of this circular.
2. where the written report object, then the content of the report includes the following information: a) the report object: name, address, telephone number;
b) receive reports: Agency name, address;
c) Organization, the individual is in the black list or performing acts related to the crime of money laundering to terrorist financing: name; nationality; other information such as the identity card number or passport number, tax code, business registration number, address, account number, transaction reference number (if available);
d) Organization, the other individual involved: name; nationality; the relationship with the Organization, the individual referred to in point c of this paragraph; other information such as the identity card number or passport number, tax code, business registration number, address, account number, transaction reference number (if available);

DD) for electronic funds transfer, include the information prescribed in item 2 article 7 of this circular;
e) interim measures already applied and information on transactions, the assets related to the measures already applied;
g) name, signature of the authorized person and stamp of object reports (if available).
3. The time limit for submitting the report was done as for transaction reporting signs related to crime as stipulated in paragraph 7 article 16 of Decree 116/2013/ND-CP on 04/10/2013 detailing the implementation of a number of articles of the law on prevention of money laundering.
Article 9. Value of foreign currency in cash, and Vietnam in cash, precious metals, precious stones and transfer tool must declare to customs 1. Value of precious metals, precious stones (except gold): 300,000,000 (three hundred million) bronze, of which: a) precious metals (except gold) are: silver, Platinum, art and jewelry, silver, Platinum; alloys containing silver, Platinum.
b) gems: diamond, ruby, sapphires and hey-dreams-the undertones.
2. Value the transfer tool: 300,000,000 (three hundred million) bronze.
3. the value of foreign currency in cash, and Vietnam in cash, the value of gold to customs declaration made under the provisions of the State Bank of Vietnam.
Article 10. The form of the report by the electronic data file 1. The report by the electronic data file is rendered report data file is passed through the line of the State Bank of Vietnam.
2. report by the electronic data files are in the correct format, notation, communication codes, fĩle structure under the guidance of the Agency inspection, supervision of the Bank.
3. the report object to process communication by the State Bank of Vietnam regulations and information security measures available under the provisions of article 29 of law, money laundering.
4. the report object to install the file transfer software due to money laundering Prevention Bureau provides.
5. The time limit for submitting the report: last day of work periodically, report object must aggregate the data and submit the report according to the regulations. The time limit for sending the least to 16 hours the next working day following the day the transaction arise. If the next day coincides with Tet holidays, holidays or weekends, then the date the report is the next working day following holidays, new year holidays or weekends. In the case of posted slow, missing reports from 2 (two) days or more, the report object to explain about sending slow, lack for money laundering Prevention Bureau. The case of detected errors in the reports submitted, the report object must promptly send the text or electronic mail (email) justification about the mistake it for money laundering Prevention Bureau.
6. the report object must be registered with the Bureau of prevention of money laundering of the officers in charge of the report by the electronic data file, includes the information: name, title, work address, phone, e-mail address (email) and must be notified in writing when there is a change of information about officers or other responsible personnel changes.
Article 11. Effect 1. This circular effect since February 14, 2014 2. This circular replaces circular No. 03/2009/TT-NHNN dated Jan. 17/11/2009 of the State Bank of Vietnam Guide, measures against money laundering, circular No. 41/2009/TT-NHNN dated Jan. 15/12/2011 of the State Bank of Vietnam about instructions to identify and update the information on the basis of risk prevention service Prevention of money laundering.
Article 12. Responsibility 1. The heads of State agencies have the authority under the provisions of the law on prevention of money laundering and the object report as specified in clause 1 2 of this circular Thing is responsible for implementation of this circular.
2. In the process of implementation, if any problems arise or difficult obstacles, the report reflects the object of the State Bank of Vietnam (through the Directorate of prevention of money laundering) to be timely instructions.