DECREE

Q the prestige of the circulation of circulation, blockade, sealing, parole and handling of money,

property related to terrorism, terrorist funding; the identification of the organization list,

Personal-related, terrorist-related. Stain.

__________________

The Law base. Nest Ch. I'm The government of 2001;

The Law base. Pl I'm sorry Stain. Money laundering in 2012.

The Law base. Pl I'm sorry Stain. Terrorist. Stain. in 2013;

At the suggestion of the Minister of Public Security,

The government issued the decree stipulated on the pause of circulation, blockage, sealing, parole and handling of money, property related to terrorism, terrorist funding. Stain. ; establish a list of organizations, c Ah! I'm related to the crisis. Stain. -Terrorism funding.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree regulates the conditions, procedures, forms, authority to decide to suspend circulation, blockade, seal, hold, dispose of money, property related to terrorism, terrorist financing; confirm the organization list, the individual related to terrorism, Terrorist funding.

2. The temporary cessation of circulation, blockade, sealing, parole, money processing, property related to terrorism, terrorist financing in the criminal case are carried out in accordance with the rule of criminal proceedings.

What? 2. Subject applies

This decree applies to the agency, the organization, the individual involved in the suspended circulation, blockade, sealing, parole, currency handling, property related to terrorism, terrorist financing; the identification of the organization list, the individual related to terrorism, the document, and the organization. A terrorist.

In the case of international treaties that the Socialist Republic of Vietnam is another regulated member, it applies that international treaty.

What? 3. Explain words

In this decree, the following words are understood as follows:

1. The organization, personally involved in terrorism, terrorism funding is the organization, the individual of the organization list, the individual related to terrorism, the funding of terrorism listed in the UN Security Council resolutions enacted under Chapter VII of the United Nations Security Council. The United Nations Charter (the designation list of the UN Security Council) and the organization, the individual on the blacklist are established by the Ministry of Public Security as defined by the law.

2. Verify of the list of organizations, individuals associated with terrorism, terrorist funding including the listing, which comes out of the list, publish the list, the offer to put on the list, which brings out the organization list, the individual related to terrorism, the terrorist funding. Dad; take on the other nation's requirements for identifying the organization, the individual involved or not related to terrorism, terrorism funding.

3. Money consisting of Vietnam money and foreign money is expressed through cash or deposits.

4. Property including material, price paper, and property rights under the provisions of the Civil Code, which can exist in the form of matter or non-materiel; the estate or property; tangible or intanant; the testimonies or the legal instrument demonstrate the rights. possession or benefit to that property.

5. Money, property related to terrorism, terrorist funding includes:

a) Money, property in the possession or right of possession, use, intention to gain, direct or indirect control, part or whole of the organization, personally of the organization list, the individual involved in terrorism, terrorist financing;

b) Money, property that arise from money, property under the ownership or property rights, use, predetermined, direct or indirect control, part or whole of the organization, the individual of the organization list, the individual associated with terrorism, terrorist financing, and terrorism. And,

c) Money, property in the possession or right of possession, use, identity, control of the individual, organization of the organization of the organization, the individual of the organization list, the individual related to terrorism, terrorist financing, or under the organization of the organization, the individual Hey.

d) Money, assets used or intended to be used for terrorist purposes, terrorist financing, or money, assets that are from acts of terrorism, terrorist funding.

6. Advance of money flow, property related to terrorism, terrorist funding is the agency, who has the authority to decide to retain money, property related to terrorism, terrorist funding, not for moving, transfer, exchange in a period of time, and so on. I'm not

7. Money blockade, property related to terrorism, terrorist funding is the agency, who has the authority to decide the status quo, not for entry, withdrawal to account; not for moving, transfer, exchange, use, change, consumption, and other capital. cancelation, property related to terrorism, terrorist financing.

8. Money-making, property-related property, terrorist funding is the agency, the competent decision-making authority, the special signs for money, property related to terrorism, terrorist financing is intact and secretive.

9. Hold on to the money, property associated with terrorism, terrorist funding is the agency, who has the authority to decide to retain money, property related to terrorism, terrorist financing for a certain deadline.

10. Deal with money, property related to terrorism, terrorist funding includes:

a) the confiscation of the state fund or the destruction by the rule of law;

b) Return to the owner, the legal manager in the case of money, that property is appropriated or used unauthorized use of terrorist activity, terrorism financing;

c) The cost, which is used for the essential parts of the individual ' s livelihood with money, assets that are suspended in circulation, blockade, suspend, process, and cost to other legal obligations of the organization, the individual with money, the asset suspended circulation, the style of money. Let's go, let's go.

d) Disorder, return if the organization, the individual is taken out of the organization list, the individual involved in terrorism, terrorist funding, or wrongly identified as the organization, the individual of the organization list, the individual involved in terrorism, terrorist funding;

) The state fund in the case does not specify either the owner or the legal manager.

What? 4. The principle of suspend traffic, blockade, sealing, parole, money processing, property related to terrorism, terrorist funding; the established list of organizations, individuals associated with terrorism, terrorist financing, and terrorism.

1. Make sure the right condition, sequence, procedure, form, jurisdiction pursuits to the rule of law and in accordance with the international treaty that the Socialist Republic of Vietnam is a member.

2. Make sure to be timely, effective, accurate, not to violate the interests of the State, the right, the legitimate interests of the agency, the organization, the individual.

3. Information about the organization's name, the individual being considered to be included in the organization list, the individual related to terrorism, the funding of the terrorist must be kept in accordance with the security regime until the relevant list is notified by the decree of this decree.

4. Agency, organization, individual damages due to the law ' s illegal behavior, the organization has the authority to cause during the process of carrying out traffic, blockage, sealing, parole, money processing, property related to terrorism, terrorist financing, and other financial institutions. or in the establishment of a list of organizations, individuals associated with terrorism, terrorist funding must be compensated by the rule of law.

5. Money, property, rights, third-party benefits are immediately respected and protected under the rule of law.

What? 5. Serious offenses

1. Taking advantage of the cessation of circulation, blockade, sealing, parole, money processing, property related to terrorism, terrorist financing; the established list of organizations, individuals associated with terrorism, terrorist funding to violate state interests, rights, interests, and other countries. The legal utility of the agency, the organization, the individual.

2. Reveals the time, location, postal content opened, checked in accordance with the provisions of this decree.

3. Direct or indirectly provide money, property, financial resources, economic resources, financial services or other services to the organization, individuals of the organization's list of organizations, individuals associated with terrorism, terrorist financing.

Chapter II

THE CONDITION, JURISDICTION, THE PROCEDURE TO SUSPEND CIRCULATION, BLOCKADE, SEAL, HOLD, HANDLE MONEY, PROPERTY RELATED TO TERRORISM, TERRORIST FUNDING, AND TERRORISM.

What? 6. Conditions of cessation of circulation, blockade, sealing, parole, money processing, property related to terrorism, terrorist financing,

Money, property is suspended from circulation, blockage, sealing, temporary custody and disposal of law when belonging to one of the specified cases at Article 5 Article 3 of this decree.

What? 7. The authority to suspend traffic, blockade, seal, hold, handle money, property related to terrorism, terrorist funding, and terrorism.

1. The Minister of Public Security has the power to decide whether to confiscate state funds or to destroy money, property related to terrorism, terrorist funding; return money, property related to terrorism, terrorist financing in case of money, that property is owned by the property. The manager of the agency, the organization, the individual is appropriated by others, using the unauthorized use of terrorist activity, the funding of terrorism; the cancellation of decision-making decisions issued or by the competent authority in paragraph 2 of this issue.

2. Director of Provincial Public Affairs, Central City of Central (later known as Provincial Security) has the right to decide or cancel the decision to suspend circulation, blockade, seal, hold money, assets related to terrorism, terrorist funding to the country. with the specified cases at Clause 1, Clause 2 Articles 8 and paragraph 3 Article 9 This Protocol.

The General Directorate General of Security I Ministry of Public Security has the right to decide or cancel the decision to suspend circulation, blockade, seal, hold money, assets related to terrorism, terrorism funding for the prescribed cases at Clause 2 Article 8 and Article 2. Ten of these resolutions.

3. Base to the actual demand, the General Directorate General of Security I Ministry of Public Security or Director of Provincial Public Security can review, allowing the organization, individual to have money, sealed assets, temporary safeguards, access to access, use of part of the fund, Money, property is blocked to pay for legal services, services, money preservation, sealed property, blockade or cost of food, housing, disease, and other essential expenses. The enabling and use of the essential costs above must comply with the provisions of the Vietnamese law and the international treaties that Vietnam is a member.

What? 8. Blockage account, seal, hold, dispose of money, property related to terrorism, terrorist funding uncovered through financial activities or operating the business of non-financial business in the United States.

1. The financial institution, organization, individual business business individual who is responsible for regularly testing, clarified as soon as the customer's transaction suspicion is associated with terrorism, terrorism funding. The case of money detection, property related to terrorism, terrorism funding must be done in the cessation of circulation, blockage of all money, that property; at the same time, it must be reported in writing, accompanied by relevant documents to the Director. Provincial security for review, decision. In the less than 3 working days, since the date received the report, the Director of Provincial Public Security has a responsibility to coordinate with the Security Directorate I Department of Public Security review, if money, assets have been suspended circulation, the correct blockade is of the organization, the individual has. concerning terrorism, terrorism funding is decided to adopt a temporary, blockade, sealing, or temporary solution to the agency, organization, and individual relevant to enforce. In the event of an organization, that individual is not part of a list of organizations, individuals associated with terrorism, terrorist funding, a written notice to the financial institution, organization, personal business individual business, to end up on a temporary stop. Well, the blockade is done.

2. The case through career activities or through reception, reporting processing, the organization ' s whistled, personal information that has the grounds that there is money, property related to terrorism, terrorist financing is circulating in financial activity, or business activity, or other financial activities. The non-financial sector, the defense, the provincial security, the defense, the defense, the Security Bureau, the Security Secretary I Department of Public Security, which is responsible for coordinating with the agency, the organization, the individual, the verification, the agency, the agency, the agency, the agency, Individuals involved in an immediate halt to traffic, blockage, sealing, or temporary holding of money, that property and reports the Director of Provincial Public Security. Or the Secretary General of the Security Secretary I Ministry of Public Security for review, the decision. In the period of no more than 03 days of work, the Director of Provincial Security or General Secretary General of Security I Department of Public Security is responsible for consideration, if the money, that property is true of the organization, the individual with regard to terrorism, terrorist funding is decisive. deciding to apply a temporary, blockade, sealing, or temporary solution and submit decisions to the agency, organization, individual relevant to enforce. In case of organization, individuals with money, that property is not part of a list of organizations, individuals associated with terrorism, terrorism funding, written notice to the financial institution, organization, personal business individual business, to put an end to it. Stop traffic. The blockade is done.

3. When determining whether to have money, property related to terrorism, terrorism funding, the Director of the Provincial Public Security, General Secretary General of Security I Department of Public Security has the responsibility to report the Minister of Public Security for consideration, the decision to apply the treatment by jurisdiction.

4. During the 30-day period, since the day of the decision to suspend circulation, blockade, seal, hold money, assets related to terrorism, terrorist financing, Minister of Public Security has the responsibility to review, decide to handle the money, that property. For the case with multiple complex or audits, verification in many places the decision deadline is no more than 60 days; the case must be verified, collecting evidence abroad is no more than 90 days, since the date of the decision to blockade. the accounts, sealed, suspended money, property related to terrorism, terrorist financing.

What? 9. suspend circulation, blockade, seal, hold, handle money, property related to terrorism, terrorist funding uncovered through the postal service business operation, which is in the United States.

1. The business supply of postal service when the post office finds signs containing money, property related to terrorism, terrorist financing, which is responsible for reporting right to the office, anti-provincial public terrorism and coordination with the agency open, check, The postal treatment has a sign containing money, property related to terrorism, terrorist funding under the provisions of this decree.

2. During the period of no more than 24 hours, since receiving the news of the postal service supply business, the defense agency, anti-provincial Public Security terrorism must have a required text and coordination with the open postal service supply business, postal inspection and postal service. There are signs of money, property related to terrorism, terrorist financing. The case of the decision to have money, property related to terrorism, terrorist funding, reported the Provincial Director of Public Security review, decided to apply the prescribed treatment.

3. The case through career activities or through reception, reporting processing, the organization ' s whistled, the individual that identified the grounds that in the post office contained money, property related to terrorism, terrorist funding, the defense agency, the anti-terrorism terrorist attack. The provincial office, the defense, the anti-terrorism department of the Security Secretary I Department of Public Security has a written request for a postal service to provide a postal service to check, if there are money, property related to terrorism, terrorist funding, and terrorism reports. Provincial Security or General Secretary General of Security I Ministry of Public Security for consideration, the decision to apply the prescribed treatment.

In the 2-day period of work, since the date received the report, the Director of the Provincial Public Security, General Secretary General of Security I Ministry of Public Security is responsible for review, deciding on the application of the treatment under jurisdiction or reports the Minister of Public Security. It's a decision.

4. For a 30-day period, since the date of the decision to seal the deposit of money, property related to terrorism, terrorism funding, the Minister of Public Security is responsible for review, deciding on the handling of the money, that property. For the case with multiple complex or audits, verification in many places the decision deadline is no more than 60 days; the case must be verified, collecting evidence abroad is no more than 90 days, since the date of the decision to blockade. the accounts, sealed, suspended money, property related to terrorism, terrorist financing.

5. The case of discovery of objects, documents related to other crime or material, items of the type of stockout, circulated, room agency, anti-terrorism Public Security terrorism, the anti-terrorism facility under the Security Directorate I Department of Public Security. It is currently held and transferred to the regulatory agency with jurisdiction to handle the provisions of the law.

6. In case of urgent need to detect, prevent timely post of money, property related to terrorism, terrorist funding sent abroad or from abroad sent to Vietnam, the defense agency, anti-provincial Public Security terrorism, defense agency, The Security Secretary I Department of Public Security has the right to ask the business to provide a temporary postal service to stop circulating that postal service for a 48-hour period to request an open, post-examination, if there are money, property related to terrorism, property. The Director of the Security Council, the Director General of Security, I'm looking for, decides to deal with the rules of law.

7. Open, test, sealing of the post, deposit of money, property related to terrorism, terrorist funding must be compiled according to the rule of law.

What? 10. Stop traffic, blockade, seal, hold, handle money, property related to terrorism, terrorist financing is discovered through other activities, including the United States and the United States.

1. Through a career operation or receiving, the processing of the news, the prosecution ' s whistled, the individual that has the grounds that there is money, the property associated with terrorism, terrorism funding, the defense agency, the provincial security terror attack, the defense agency, the anti-terrorism department. Security Department I Department of Public Security coordination with the agency, the organization, the individual with the verification, clarified, if determining whether there are money, property related to terrorism, terrorist funding must report immediately to the Director of Provincial Public Security or General Directorate General of Security. The Ministry of Public Security for consideration, the decision to apply treatment under the jurisdiction of this decree.

In the 2-day period of work, since the date received the report, the Director of the Provincial Public Security, General Secretary General of Security I Ministry of Public Security is responsible for review, the decision to apply the treatment to the jurisdiction or report the Minister of Public Security review, decision.

2. In the 30-day period, since the day of the decision to suspend circulation, blockade, seal, hold money, assets related to terrorism, terrorist financing, the Minister of Public Security has a responsibility to consider, decide to handle the money, that property in accordance with regulations. It ' s a seven-point clause. For the case with multiple complex or audits, verification in many locations, agencies, organizations, the maximum decision-making deadline is not too 60 days, since the date of a decision to suspend circulation, blockade, seal, hold money, assets. with terrorism, terrorist funding. For the need to verify, collect evidence abroad is less than 3 months, since the date of a decision to suspend circulation, blockade, seal, deposit of money, property related to terrorism, terrorism financing. The decision must be written in writing, with the signature of the decision-making, stamped and transferred immediately to the agency, the organization, the individual involved in the implementation.

3. The period of cessation of circulation, blockade, sealing, money-keeping, property related to terrorism, terrorist financing is determined by the authorities under the regulation of this decree imposed until the organization, that individual is given out. from the list of organizations, individuals with regard to terrorism, terrorist funding.

Chapter III

ESTABLISH A LIST OF ORGANIZATIONS, INDIVIDUALS WHO ARE INVOLVED OR NOT RELATED TO TERRORISM, TERRORIST FUNDING.

What? 11. Set up a list, put out of the list and publish the list of organizations, individuals involved or not related to terrorism, terrorist funding.

1. The base of the list, which comes out of the organization list, personally associated with terrorism, terrorist funding includes:

a) The resolution of the UN Security Council issued on the basis of Chapter VII of the Charter of the United Nations;

b) Other countries ' requirements;

c) The results of the operation, the prosecution, the trial of the body for criminal proceedings;

d) By its active duty, the authorities of Vietnam have the base to assume that an individual, organized or prepared to perform one of the acts specified in Clause 1, Clause 2 Article 3 Laws, counter terrorism.

2. The Ministry of Public Security is responsible for coordinating coordination with the Ministry of Foreign Affairs, Ministry of Defense, State Bank of Vietnam and ministries, the relevant industry promptly updated the UN Security Council ' s designation list and base on regulation at Clause 1 Article to the UN Security Council. The list, taken out of the list of organizations, individuals with regard to terrorism, terrorist funding, and public publication on the Defense Information Portal Public Office of the Organization of the Organization, personally related to terrorism, terrorist funding; organization, individual given out to the public. from the list of organizations, individuals associated with terrorism, terrorist funding.

3. Financial organizations, personal organizations business enterprises and agencies, other relevant organizations must have a responsibility to regularly update the list of organizations, individuals associated with terrorism, terrorist funding; organization, individuals, and other organizations, and others. to be removed from the organization list, the individual involved in terrorism, terrorism funding, and the implementation of the cessation of circulation, the blockade of money, the property associated with terrorism, the prescribed terrorist funding at this decree.

What? 12. The offer to put on the list, taken out of the UN Security Council ' s designation list

1. Upon the discovery of the organization, the individual satisfied the criteria to determine the organization, the individual involved in terrorism, terrorist funding under the resolutions of the UN Security Council issued on the basis of Chapter VII of the UN Charter which has not yet been established. was included in the UN Security Council 's designation list, the Ministry of Public Security coordinated with the Ministry of Foreign Affairs, the Ministry of Defense, the State Bank of Vietnam and the ministries, the list-related industry, the Government' s Prime Minister review, deciding on the decision. The state of the United Nations Security Council is recommended by the United Nations Security Council.

2. The case of organizational discovery, the individual of the UN Security Council ' s designation list but does not satisfy the criteria for determining as the organization, the individual in relation to terrorism, the funding of terrorism by the regulation of the Security Council resolutions. The United Nations is enacted on the basis of Chapter VII of the United Nations Charter, the Ministry of Public Security is in coordination with the ministries, the relevant government reports the Prime Minister to consider, deciding whether to recommend the competent authority of the country to bring the organization. And that individual is out of the UN Security Council.

What? 13. Continue, handle other countries ' demands for identification of the organization, the individual involved or not related to terrorism, terrorist funding; other national proposals determine the organization, the individual involved, or not related to terrorism, terrorist funding, and terrorism.

1. When receiving another country ' s request for identification of the organization, the individual is involved or not related to terrorism, terrorism funding, the Ministry of Public Security is responsible for coordinating coordination with the Ministry of Foreign Affairs, Ministry of Defense, State Bank of Vietnam and other countries. Department, review industry. If there is a reasonable basis to assume that the organization, that individual is involved or is not related to terrorism, terrorism funding, the Minister of Public Security decides to take or not take the organization, that individual on the organization list, the individual related to terrorism, the funding. terrorist and inform the nation that demands to know.

2. Upon the discovery of the organization, the individual satisfied the criteria to determine the organization, the individual involved in terrorism, terrorist funding under the resolutions of the United Nations Security Council issued on the basis of Chapter VII of the United Nations Charter or the organization. Personally, the individual has done, preparing to do one of the acts prescribed at Clause 1, paragraph 2 Article 3 Rules of Defense, Anti-Terrorism, but not yet been identified by the country as organized, personally involved in terrorism, terrorism funding, and the Ministry of Terrorism. The Public Security is responsible for coordinating coordination with the Ministry of Foreign Affairs, Ministry of Defense, State Bank of Vietnam and ministries, the related industry reports Prime Minister The government considers, deciding whether the country is involved in determining the organization, that individual is related to terrorism, terrorism funding.

3. To see the organization, the individual who is identified by other countries as organized, personally involved in terrorism, terrorism funding but not in accordance with the regulatory criteria in the UN Security Council resolutions issued on the basis of Chapter VII of the UN Security Council. The United Nations Charter or non-organization, the individual has taken, preparing to take one of the prescribed behaviors at paragraph 1, paragraph 2 Article 3 Laws, counter terrorism, the Ministry of Public Security coordinated with the State Department, the Ministry of Defense, the Bank. The State of Vietnam and the ministries, the relevant sector reported that the Prime Minister has a written national proposal, which is involved in the organization, that individual is out of the country. list of organizations, individuals with regard to terrorism, terrorist funding.

What? 14. plead, denounce and resolve the complaint, denounce

1. Organization, individuals who have the right to complain, denounce the suspended circulation, blockade, seal, hold and process money, property related to terrorism, terrorist funding; be included on the organization list, the individual involved in terrorism, terrorist funding.

2. The procedure, procedure, jurisdiction, responsibility to resolve the complaint, denouncing the suspended circulation, blockade, sealing, parole and handling of money, property related to terrorism, terrorism funding, and the putting on the organization list, the individual involved in the organization. to terrorism, terrorist funding carried out in accordance with the law of the complaint of the complaint, denouncing.

Chapter IV

EXECUTION CLAUSE

What? 15.

This decree has been in effect since 11 October 2013.

What? 16.

1. The Minister of Public Security is responsible for presiding, coordinating with ministries, which are concerned with guidance, inspection, monitoring of the implementation of this Protocol.

2. The ministers, the chief of the government, the Head of the Government, the Chairman of the Government, the Chairman of the Provincial People's Committee, the Central City of the Central Committee, is responsible for the implementation of this decree.