The Decree 116/2013/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Law On Prevention Of Money Laundering

Original Language Title: Nghị định 116/2013/NĐ-CP: Quy định chi tiết thi hành một số điều của Luật Phòng, chống rửa tiền

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The DECREE detailing implementation of some articles of the law on prevention of money laundering _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on money laundering prevention 18 June 2012;
According to the proposal of the Governor of the State Bank of Vietnam;
The Government issued a decree detailing implementation of some articles of the law on prevention of money laundering, chapter I GENERAL PROVISIONS article 1. Scope the Decree detailing implementation of some articles of the law on prevention of money laundering of the money-laundering prevention measures, handling collection and transfer of information on prevention of money laundering, the responsibility of the State authorities in the prevention of money laundering and international cooperation in the room Prevention of money laundering.
Article 2. Application object 1. This Decree shall apply to the objects as defined in paragraph 1, 2, 3 article 2 law on prevention of money laundering.
2. organizations and individuals related to the prevention of money laundering, including organization, foreign individuals or people without nationality does not work or does not live on the territory of Vietnam but have transactions with the Organization, the individual provisions in paragraph 1 of this article.
Chapter II MEASURES for prevention of MONEY LAUNDERING section 1 IDENTIFY, report and STORE CUSTOMER INFORMATION in article 3. Get to know the client 1. Financial institutions have to apply customer identification measures in the following cases: a first-time customer) when opening the account, including billing accounts, savings accounts, card accounts and other account types;
b) when clients first establish relationships with financial institutions in order to use the products, the services provided by financial institutions;
c) when a customer performs a transaction do not often have great value. Casual trading large value transaction is of no account or customer has payment account but not the transaction within 6 months or older with total value from 300,000,000 (three hundred million) Bronze back up in a day;
d) when making electronic transfers but lacks information on name, address or account number of the person in initialized;
DD) when the suspected transaction or the parties involved in the transaction is related to money laundering activity;
e) when in doubt about the accuracy or completeness of the information to get to know clients have collected previously.
2. organizations, individual business, gambling, casino to conduct customer identification measures for customers who have financial transactions with a total value from 60,000,000 (sixty million) Bronze back up in a day.
3. organizations, business personal property management services, real estate brokerage and real estate trading must apply to customer identification measures for the buyer, the seller in brokerage activities buy, sell real estate; for property owners in providing property management services.
4. organizations, personal trading in precious metals and stones must adopt measures to identify the client in case the client has a transaction by cash buyer, the sale of precious metals, precious stones worth from 300,000,000 (three hundred million) Bronze back up in a day.
5. organizations and individuals, the certified service provider, accounting; legal services of an attorney, practicing lawyers organization must adopt measures to identify the customer when the customer's behalf preparing the conditions to execute trades on behalf of clients or make transfer of land use rights, ownership of the House; money management services, securities or other assets of the client; account management service of customers at banks, stock companies; Executive services, management of customer companies activity; involved in the activity of buying, selling and business organizations.
6. organizations and individuals providing services as investment trusts, individuals receive money or property from one or several organizations or individuals entrusted to perform transactions involving funds or assets for the Organization, the individual trustee. The Organization, individuals providing services to investment trusts must adopt measures to identify client-side trust.
7. organizations and individuals providing services established, management, administration of businesses; provide registered office, address or place of business; provide service representatives for enterprises must adopt measures to identify customers using or requesting those services.
8. organizations and individuals providing services to provide to the Director, the Director of the business to a third party must adopt measures to identify customer with third parties and the Executive Director or Director.
9. organizations and individuals to provide services provide for shareholder representatives must adopt measures to identify clients for shareholders and shareholder representatives.
Article 4. Information to identify and verify client identification information 1. Information to get to know the client's organization, individuals who Vietnam or foreigners must include the information prescribed in paragraph 1 article 9 law on prevention of money laundering.
2. for individual clients who are not the nationality, identity information including: first and last name; day, month, year of birth; occupation, position; the visa window; the Agency granted immigration visas; registered place of residence address abroad and in Vietnam.
3. for individual clients who have two (2) or more nationalities, in addition to the information specified in paragraph 1 of this article, the report object to collect additional information on the nationality, the address of registered residence in the country of nationality.
4. the report object to verify client identification information as defined in article 11 of law, money laundering.
Article 5. Owner benefit 1. The object reports must identify the owner benefit according to the following criteria: a) individual real property with respect to an account or a transaction: account owner, the account holder or any person who would govern the activity, the beneficiary of the account, transactions;
b) individuals have the right to govern the legal: personal-holding from 10% or more of that entity's capital; individuals holding from 20% or more of capital contribution on the 10% capital of legal entities; private business owners; other personal fact dominates legal personality;
c) individuals have the right to govern in an investment trust, authorization agreement: individual trustees, delegated; individuals have the right to govern individual, legal person or organization mandate, authorized.
2. Identify and verify information that identifies the owner benefit is made according to the provisions of article 4 of this Decree. With respect to the client's foreign organization or entity has one or more parties involved, which is personal, foreign organizations, the report object to additional verification information to recognize individuals or organizations that by using the materials, data by the competent foreign authority.
Article 6. Customer classification according to risk level reporting objects to build regulations on customer classification on the basis of the risk of money laundering based on the following factors: 1. The type of customers: people who are resident or non-resident; organizations or individuals; the customer in or not in the black list, the list of warnings; the field, method of operation, business.
2. Type of product, customer service, use the intended use including: cash or transfer services; payment or money transfer service, change money; brokerage services, trust, authorization; the service life insurance or casualty.
3. the geographic location where the customer resides or has its headquarters: countries in the sanctions list articulated in the resolutions of the UN Security Council; the list of openly non-compliance or incomplete compliance with recommendations on combating money laundering and terrorist financing prevention due to the financial task force published periodically; the country or region, the territory is, to many drugs, corruption, money laundering.
4. other factors due to self report object identification and classification consistent with the reality.
Article 7. Bank relations 1. When setting the agent bank relations, report object to gather information about the partner bank as defined in point b of paragraph 1 article 9 law on prevention of money laundering and the following information: the purpose and the reason for setting up the relationship; the name of the governing body of the Bank and partner reviews, rating agency's credibility or authority of the professional organization for Bank partners.
2. Assess the implementation of measures on prevention of money laundering of Bank partnerships through: a) the internal regulations on prevention of money laundering;
b) risk management system on money laundering;
c) control system, the internal audit on prevention of money laundering.
Article 8. Transactions involving new technologies 1. Transactions related to the new technology is the use of trading technology allows customers to perform transactions that do not require face-to-face reporting object employee.
2. when the report object to provide services as defined in paragraph 1 of this article must carry the following requirements: a) face-to-face customers when the first set of relationships and customer requests to provide information as specified in article 4 of this Decree;
b) build process reviews money laundering risks when providing services using new technology. This process must include at a minimum the following: determine and simulate the money laundering risks may arise with respect to the transactions to apply new technology; take appropriate measures to prevent and minimize the risks incurred.
Article 9. Large-value transactions, complex trading transactions have unusually large value or complexity as defined in art. 1 article 16 of law, money laundering is the following transactions: 1. The transaction has abnormally large value transaction is clearly not adequate income or not consistent with the value of transactions for their clients with regular the statue of the report;

2. complex transactions as transactions are done through a method inconsistent with the nature of the transactions: transactions are made through many intermediate parties, multiple accounts are not necessary; the transaction is made between several different accounts of the same account holder in different geographical areas; any transaction by reporting object to and require close monitoring.
Article 10. Business operations through introduction 1. At the request of the report object, the medial side to ensure the timely provision of adequate information, get to know the client as specified in article 4 of this Decree.
2. in case of intermediate parties hosted Vietnam, then the Organization must be the subject of management, supervision of the competent authority and Vietnam must adopt measures to identify and update customer information as specified in article 3 of this Decree, article 10 law laundering, and requirements for filing the report, documents as prescribed in article 27 law on prevention of money laundering.
3. where the party is held abroad, the organisation must be the subject of management, supervision of the competent authority, to apply the measures for identification, updating customer information and keep records in accordance with the laws of the country in which the foreign organization that is headquartered or have major operations. In the case of the law of the country has not yet met or only partially meet the request of the task force's recommendations, subject to financial reports should consider the country risk factor to decide based on the medial side.
4. medial side case is a Department directly under the financial group to which this group has fully realized the requirements as specified in clause 2 3 of this article, then the intermediate party which is considered to have full compliance with regulatory requirements.
Article 11. Ensure the transparency of legal entities and proxy agreements 1. Stock Exchange under the provisions of Article 18 paragraph 1 the law on prevention of money laundering has the responsibility to keep and update the following information about the business listing: a) basic information about the business listing: full name and acronym, address, headquarters, tax code , telephone number, fax number, field operations;
b) capital;
c) list the founder, major shareholder;
d) legal representative;
DD) the owner benefit;
e other information).
2. business registration agency as defined in clause 2 Article 18 of law, money laundering is the Department of planning and investment to the province, the city has a responsibility to collect and store the following information about businesses that are established and operate on the province, City: a) basic information about the business : Full name and acronym, address, headquarters, tax code, telephone number, fax number, field operations;
b) capital, capital, capital subscription;
c) list the founder, major shareholder;
d) legal representative;
DD) the owner benefit;
e other information).
3. organizations and individuals, as defined in paragraph 3 Article 18 of law, money laundering is kept, updated the following information about you: a) information on the authorization, the person authorized to: Must include the information prescribed in paragraph 1, 2, 3 article 4 of this Decree;
b) authorized content;
c) information about the owner benefit as specified in clause 2 5 of this Decree.
Article 12. Ensuring transparency in the operations of the non-profit organization 1. The non-profit organization is the entity or organization with the main activities is to mobilize or allocation of funds for charitable purposes, religion, culture, education, social or similar purposes, not for the sake of the profit, including: foreign non-governmental organizations, social funds, charitable foundation established and functioning according to the law of Vietnam.
2. nonprofit organizations must maintain, update: a) the information about the Organization, personal finance, at least include: Full Name; address; the amount of the sponsorship;
b) information about the Organization, individuals receive the least funding include: Full Name; address; the amount of the sponsorship; funding method and the purpose of using the money.
3. The records prescribed in clause 1 article 19 the law on money laundering prevention include: a) the information specified in paragraph 2 of this Article;
b) vouchers, documents relating to the sponsorship and receiving financial aid.
4. The records referred to in Paragraph 3 of this article must be a non-profit organization keep at least 5 (five) years from the time of sponsorship or activity receiving funding ends.
5. in case of non profit organizations dissolved or end of operations, records referred to in Paragraph 3 of this article must be handed over to the competent licensing authority established or works for a non-profit organization.
6. the non-profit organization responsible for providing records under the provisions of Paragraph 3 of this article to the competent State agencies, including: management of non-profit organization management in supervision, inspection activities; money laundering prevention agency in the State Bank of Vietnam; the competent authorities in the investigation, prosecution, trial.
7. the competent State agencies of management for the non-profit organization prescribed in clause 5, 6 this includes: the Ministry of the Interior (for the non profit organization in the country); The Ministry of Foreign Affairs (for non-profit organizations).
Article 13. Build internal regulations on prevention of money laundering in the internal regulations on prevention of money laundering as defined in article 20 of law, money laundering must include the following: 1. customer acceptance policy: according to the risk level, the level of approval of open records requests, account or transaction set.
2. Processes, procedures to identify customers, verify and update customer information: decentralized responsibility to recognize, periodically updated information and reviews of customers according to risk level; decentralized access, tapping General information in the system; rules about getting to know customers have accounts or transactions in many branches in the system.
3. Guide the reporting process the transactions include: large-value transactions; electronic funds transfers; suspicious transactions; transactions related to money laundering to finance terrorism; transactions related to criminal activity; transactions related to the list of individuals, terrorist organizations and terrorist financing under the resolutions of the UN Security Council; black list; the list of warnings.
4. your processes, detection, suspicious transaction processing: review and analysis of customers and transactions related to customers when there are suspicious signs as specified in clause 2, Clause 8 and report as specified in clause 1 Article 22 law on prevention of money laundering; responsibilities for each level; the handling of suspicious transaction reports must be on the basis of the analysis, process information across the system; How to communicate with customers make suspicious transaction guarantees not to disclose the information.
5. Record keeping and information security: the way, the method of extraction; retention levels.
6. Apply a temporary measure, the principle of processing in the event of delayed execution: specify the particular case of temporary measures applicable; Specifies the responsibility levels applicable, approve the implementation of the requirements of the relevant authorities.
7. the reporting regime, providing information for the State Bank of Vietnam and the competent State agencies: how, processes reports, provides information to ensure the duration and content of reports as required.
8. Professional training, money laundering: construction program, the frequency of training, the training content matching object (management, policy enforcement, grade level), the scale, the Organization (Headquarters, branch, region) and the field of activities or products, or services offered.
9. Control and internal audit for compliance with policies, regulations, procedures and formalities related to money laundering prevention activities: structure, organization, how to proceed to control and audit; reporting procedures the competent State agencies, ensure the duration and content of the reports; regulations on handling, fix the breach was discovered.
Article 14. Suspicious transaction reports 1. The report object is responsible to report suspicious transactions when in doubt or have a reasonable basis to suspect the transaction in property derived by the offender that have or related to money laundering: a) the basis of logical to suspicion in the property transaction originated by the crime that has included : Trading is requirements made by the accused, the accused or the convicted person under the provisions of the law of criminal proceedings and assets in the property transaction or derived from property owned or controlled by that individual or of the individual, the Organization related to that individual time, during or after implementation of the offence;
b) reasonable basis to suspect assets in transactions related to money laundering are drawn from the review and analysis of suspicious signs as specified in paragraphs 2, 3, 4, 5, 6, 7 Article 22 law on prevention of money laundering.
2. the report object is responsible for the detection and reporting of the State Bank of Vietnam suspicious signs other than the signs referred to in paragraphs 2, 3, 4, 5, 6, 7 Article 22 law on prevention of money laundering. The report object is responsible for updating, reviewing and detected as suspicious signs are the Prime additional provisions under Clause 8 Article 22 law on prevention of money laundering.
3. The suspicious transaction report does not depend on the amount of money the customer's transaction, that transaction has completed or new intended to perform.
4. Lawyers, accountants, notaries and independent legal professionals only have to report suspicious transactions when: a) on behalf of the client to perform the transfer of land use rights, home ownership, business ownership;
b) managing money, securities or other property for clients;
c) transaction or account management for clients in the financial organization;
d), Operations Manager for the client company.
Article 15. Report, provide information on the transportation of cash, precious metals, precious stones and cross border transfer tool

1. when individual entry, exit to carry foreign currency in cash, and Vietnam in cash, precious metals, precious stones and transfer tools (collection l/c, debit recipient, Czech and other transfer tools) on the level of regulation of the State Bank of Vietnam must declare to customs.
2. The General Department of Customs is responsible for issuing forms and guides the individual declarations as specified in paragraph 1 of this article.
3. General Customs Directorate has the responsibility to provide for the State Bank of Vietnam: a) monthly periodical information to be declared under Paragraph 1 of this article according to the criteria: the full name of the individual export and entry; number of passport or travel documents, valid entry; nationality; export time of entry; the name of the gate, entry; where to (for exit) or where to go (for the entry); address in Vietnam; the value of foreign currency in cash, and Vietnam in cash, precious metals, precious stones or transfer tools to declare;
b) other information as specified by the law.
Article 16. Report period 1. Report period is calculated as follows: a) daily reports for the reporting form send an electronic data file are calculated on the transaction arise;
b) the time limit for statements in the form of a written report or in other forms, including reporting a suspicious transaction, calculated from the day the transactions incurred to the date printed on the envelope, the report by the Organization closed mail auctions or on the State Bank of Vietnam to receive the report directly from the report object.
2. the report object can choose this form of transaction reports have great value and electronic funds transfers according to the forms prescribed in point a or point b, paragraph 1, article 26 of the law on prevention of money laundering.
3. Select report objects report form in addition to the electronic data files are responsible for registration of this form with the State Bank of Vietnam. Changing the form of large value transaction reports and electronic funds transfers must be reported to the State Bank of Vietnam. The time reported is calculated according to the date on the envelope, the report by the broadcasting organization stamped mail notice or by the State Bank of Vietnam on get the message directly. The time limit for submitting the report under the provisions is calculated starting from the day following the date of notification.
4. The time limit for submitting suspicious transaction reports as specified in paragraph 2 to article 26 of the law on prevention of money laundering is calculated from the time of arising of the transaction. The case of the object reporting the detection of suspicious signs of the transaction but the transaction has been made ahead of time to report according to the regulations still have to send a suspicious transaction report on the detection of suspicious signs. On detection of suspicious signs are on the report object is proactively detect or forced to detect suspicious signs according to objective fact circumstances played out suspicious transactions.
5. The report deals with signs related to crime must simultaneously send the State Bank of Vietnam and the competent State bodies. The competent State Agency is the police or a people's Procuratorate district come up where the transactions are related to signs of crime are discovered.
6. the offences mentioned in this crime is sentenced according to the ruling of the people's Court. The Ministry of public security is responsible for coordinating the Supreme People's Procuratorate and the Supreme People's Court General, periodic updates and offers 6 months (within 10 days in late June and December) list of criminals are executed projects at the time provided for the State Bank of Vietnam to alert to report objects according to law Prevention of money laundering. The State Bank of Vietnam has the responsibility to accept the list of crimes, schemes designed to inform and update this list; at the same time detailed instructions visit list for the report object.
7. The time limit for submitting the report dealing with signs related to crime was calculated according to the working day when the report object detection or forced to detect signs of crime-related review under the circumstances objective reality that transaction took place.
Article 17. Responsibility report, providing information 1. The report must provide object records, archives and other related information according to the time required. The State Bank of Vietnam and the competent State agencies must determine the time limit when asked to provide records, archives and other related information according to the provisions of the law on prevention of money laundering. The time limit for request for records, documents and related information required must be determined consistent with the extent of the problem, the actual circumstances and the ability to provide the requested object's offer.
2. money laundering prevention agency in the State Bank of Vietnam has the right to request all the report objects and the agencies, organizations, individuals providing records, archives and other information related to the transactions be reported under the provisions of the law Prevention of money laundering.
3. Records, archives and related information only is provided directly to the competent State agencies: a) the police or district people's Procuratorate, the district back up if the transaction related to the crime was reported under item 2 Article 26 of law Prevention of money laundering;
b) the investigating authorities or the people's Procuratorate granted if the transaction related to the incident and the customer has decided to prosecute the case and decided to prosecute accused. The heads or Deputy Heads of these agencies is the person signing the request for records, documents and related information;
c security investigation agency) if the transaction is related to the objects suspected of committing the crime of violation of national security. The heads or Deputy Heads of agencies who signed the request for records, documents and related information;
d) tax authorities, the Agency has the function of initial investigation if the transaction related to the individual, the organisation suspected of violating the law on taxation, customs legislation or other relevant legislation. Request for info to be heads, Deputy Heads of the tax authorities, the Agency has the function of initial investigation;
Inspection Agency), the Agency was given the functions of specialized inspections when performing their duties according to the inspection decision, examined by the authority.
4. The provision of records, documents and information relevant to be done once at the request of the competent authority. In case of need, providing this is done many times but must be stated in the request for information. When asked to provide several times, the competent authorities are responsible for notifying the discontinuance of records, documents and information for the Organization, the individual is no longer located in an need to provide information, records, documents and more.
Article 18. Report acts of money laundering to terrorism financing 1. Money laundering to terrorist financing is the behavior of individual organizations in order to legalize the origin of assets due to the crime which has to finance the Organization, individual terrorism or sponsor terrorist acts.
2. Pursuant to that organization, individuals performing acts related to the crime of money laundering to finance terrorism include: a) made or intend to make the transactions related to the Organization, the individual according to the list in the relevant resolutions of the UN Security Council;
b) performs or intends to perform transactions related to individual organization according to the list of organizations, individuals and terrorist financing for terrorism by other international organisations or other countries in the world and established the State Bank of Vietnam was warned;
c) make or intend to make the transactions related to the Organization, the individual has ever been convicted of the crime of terrorism, charges of sponsoring terrorism in Vietnam;
d) performs or intends to perform transactions related to organizations, individual terrorism or terrorist financing report object that knows from other sources.
3. timely reports as prescribed in article 30 paragraph 1 of law, money laundering is reported immediately after detection of the Organization, the individual transactions are in the black list or immediately after the base is stated in paragraph 2 of this Article.
4. State Bank of Vietnam has the responsibility to report objects tutorial done clause 1 article 30 money laundering Prevention Act according to the law on prevention of money laundering and the law on prevention of terrorism.
5. the report object to apply the preventive measures referred to in article 3, article 4, article 5, article 6, article 8, article 10, article 13, article 14 of the decree in order to ensure timely reporting as stipulated in paragraph 3 of this article.
Section 2 the collection, PROCESSING and TRANSFER of INFORMATION on prevention of MONEY LAUNDERING article 19. Collect, handle information 1. Money laundering prevention agency in the State Bank of Vietnam is responsible for receiving, collecting information, documents and records relating to the transactions be reported under the provisions of the law on prevention of money laundering.
2. money laundering prevention agency in the State Bank of Vietnam has the right to ask the organisation or individual concerned (subject to the report, agencies, organizations, individuals kept documents, documents related to the transaction and the parties involved in the transaction) providing information, documents, records and other information necessary for the analysis , the transfer of information on money laundering.
Article 20. Transfer of information 1. Money laundering prevention agency in the State Bank of Vietnam is responsible for transferring the information or the record to the competent investigation authority when there is a reasonable basis to suspect transactions outlined in the report, information related to money laundering or to terrorist financing money laundering.
2. Basis to suspect transactions outlined in the report, information related to money laundering is considered reasonable when: a) transactions relating to the Organization, the individual is in the black list;
b) transactions relating to the Organization, the individual is the subject of the investigation, prosecution, trial of Vietnam's authorities and of Nations, territories in the world;

c) transactions involving organizations and individuals on the list of the State Bank of Vietnam and the national territories of the world;
d) transactions involving people convicted under the provisions of the law of criminal procedure;
DD) the transaction is made in a very short period of time involving many institutions and individuals in many countries, various territories but had no economic basis or not enough vouchers;
e other transactions) that money laundering prevention agency in the State Bank of Vietnam is based on practical experience and international experience to notice may be related to criminal activities.
3. The basis of defining behavior related to money-laundering to finance terrorism: a) the provisions in paragraph 2 Article 17 of this Decree;
b) other transactions where money laundering prevention agency in the State Bank of Vietnam is based on practical experience and international experience, notice may be related to money laundering activities aimed at financing terrorism.
4. the competent authorities mentioned in paragraph 1 of this article include: a) the investigating authorities of the Ministry of public security;
b) Agency in the Defense Department;
c) Investigation Department of the Supreme People's Procuracy;
d) the Agency has the authority to investigate.
5. competent authorities as specified in clause 4 of this when receiving information or records the incident as defined in paragraph 1 of this article are responsible for sorting, settling under the provisions of criminal law about the reception, settlement notification, denounces crime and retention of the information , reports, documents received under the security mode and the right feedback when processing results for money laundering prevention in the State Bank of Vietnam.
Article 21. Exchange of information 1. The State Bank of Vietnam is responsible for coordination, exchange of information according to the provisions of article 32 of law, money laundering with competent agencies in the following cases: a) at the request of the competent institution;
b) at the request of the people's Procuracy; The military Procuracy;
c) at the request of the people's Court; Military court levels.
2. competent authorities as specified in paragraph 1 of this article are responsible for keeping the information, reports, documents received under the security mode and message processing results are relevant to the prevention of money laundering in the State Bank of Vietnam under the provisions of the law.
3. State Bank of Vietnam and has responsibility for Exchange with other ministries, related the following information: a) transactional information, organizations, individuals suspected of violations of laws aimed at prevention of money laundering;
b) information on the shortcomings in the policy, mechanism, operation governance for the purpose of money laundering prevention.
4. State Bank of Vietnam, the Agency has the authority under the provisions of this Article and the related possible regulation coordination, the exchange of information to facilitate coordination, the exchange of information are quick, effective.
Section 3 PROVISIONAL MEASURES APPLIED to article 22. Delayed transaction 1. Delayed transaction under the provisions of article 33 of law, money laundering is not done much trading is 3 working days starting from the date of application of this measure and form temporary blockade before the official decision of authorized State agencies. If after 3 working days from the start date to apply preventive measures delayed the transaction object that the report does not receive feedback text of competent State agencies shall have the right to perform transactions.
2. the report object to apply preventive measures delayed the transaction immediately upon the detection of related-party transactions is in the black list.
3. Reason to believe the requested transaction implementation are related to criminal activity, including: a) transactions by people convicted under the provisions of the law of criminal procedure requests made and assets in a transaction which is derived from property owned or controlled by that individual or organization's property which that individual has the right possession or control of or after the time the offence;
b) transactions as defined in clause 2 Article 17 of this Decree.
4. When adopting measures to delay the transaction, report object must immediately report in writing and notified immediately by telephone to the competent State agencies, while the State Bank of Vietnam report to coordinate.
5. In case of need, the State Bank of Vietnam and the competent State authorities have the right to request the object implementation report measures to delay the transaction.
6. the competent State bodies specified in paragraph 1, Item 4, Item 5 this involves: a) the investigating authority levels;
b) people's Procuratorate granted, the military Procuracy;
c) people's court levels, the levels.
Competent State agencies mentioned above are responsible for timely processing of the report on the application of preventive measures delayed the transaction under the provisions of the law on prevention of money laundering and the law on prevention of terrorism.
7. reporting subjects shall not be held liable of the consequences arising when applying measures to delay the transaction as prescribed in this article.
Article 23. Blockade of accounts 1. The object reports made the account when the blockade have decided to block the account of the competent State bodies.
2. the people's Court Chief Justice, the Chief Justice of military court, Minister of people's Prosecutor, the Minister of the military prosecutor, the investigating agency heads have the authority to decide the request object to the report measures the blockade and account responsible for this decision.
3. The decision to blockade the account must be made in writing, include the following minimum content: your account number or name of organization or individual; the name of the report object must implement measures to secure the account; time, duration of application account blockade measures; the reason the request made account blockade measures.
4. reporting subjects shall report to the State Bank of Vietnam immediately when making account blockade measures prescribed in paragraph 1 of this article.
5. State Bank of Vietnam in coordination with relevant agencies handling the account is locked as prescribed in paragraph 1 of this article.
Chapter III LIABILITY of the STATE AUTHORITIES in the prevention of MONEY LAUNDERING article 24. The responsibility of the State Bank of Vietnam 1. The Government is responsible to perform state management on prevention of money laundering through the following measures: a) in collaboration with the Ministry of justice the Government program to build the legal text of the prevention of money laundering;
b) presiding, in coordination with the ministries concerned to periodically assess the risks of money laundering in Vietnam; construction, the approval authority, issued the strategy, the national plan on prevention of money laundering;
c) in coordination with the Interior Ministry, the Finance Ministry and other relevant ministries review, General, reports and propose measures to ensure organizational structure, human resources, finance, technical unit responsible for the prevention of money laundering;
d) Help the Prime Minister directed the ministries in coordination with the Supreme People's Court and the Supreme People's Procuratorate in the prevention, combating money laundering and terrorist financing prevention.
2. Issued guidance documents made the provisions of the law on prevention of money laundering.
3. timely notice to the Agency, the competent anti-terrorist information on money laundering to terrorist financing as defined in paragraph 3 of this Decree and article 20 of the law on prevention of terrorism.
4. Cooperation, Exchange, providing information to the competent authority in the country according to the provisions of article 20, article 21 of this Decree.
5. Inspection, testing, monitoring, anti money laundering for the report object state management responsibility; handle or the proposed authority dealt with violations of the law on prevention of money laundering.
6. International cooperation in the prevention of money laundering: a) recommending authority; hosted, in cooperation with the Ministry of Foreign Affairs, the relevant negotiations, signing and implementation of international treaties, international agreement on prevention of money laundering;
b) clue negotiations, signed the international agreement to exchange information on prevention of money laundering; the exchange of information with foreign money laundering prevention agencies and other foreign organisations, as defined in article 27 of this Decree;
c) clue involved, implementing the obligations of Vietnam with the membership of international organizations on prevention of money laundering;
d) in research, training, information, technical assistance and exchange of experience in the field of prevention of money laundering.
7. other responsibilities set forth in article 37 of law, money laundering.
Article 25. The responsibility of the Ministry of public security 1. Receiving, collecting and processing information by the Agency, money laundering in Vietnam State Bank transfer, the information provided by the reporting objects under the provisions of the law on prevention of money laundering and this Decree; Announcing the result of handling relevant to the prevention of money laundering.
2. Annually, summarizing the case involving money laundering and exchange of results with the State Bank of Vietnam; in coordination with the State Bank of Vietnam building materials to disseminate warnings about methods, tricks, new activities of money laundering crime in and outside the country.
3. Periodically submit annual Vietnam State Bank annual report made the responsibility of the Ministry of public security in the prevention of money laundering, on the territory of Vietnam to synthesize, process of the Government.
4. Presiding, in coordination with the ministries concerned, building recommendations issued or issued by the authority the legal text in operation struggle, against crime of money laundering.
5. other responsibilities are specified in article 38 the law on prevention of money laundering.
Article 26. The responsibility of the Ministry, other sectors 1. In coordination with the State Bank of Vietnam implement state management on prevention of money laundering:

a) research, propose improving the legal framework on the prevention of money laundering in its management;
b) periodically evaluate and propose measures to handle money laundering risks in the field of management;
c) specify and ensure organizational structure, human resources, finance, technical unit for clues and units are responsible for the prevention of money laundering in ministries.
2. The guide, directing the unit in the system and report objects in his Administration implemented measures for prevention of money laundering.
3. Inspection, testing activities, money laundering for the objects reported in his administration: a) to periodically inspect, test or inspection, test as required by the money laundering prevention authority in the State Bank of Vietnam; inspection results notification, check with the authority, money laundering in the State Bank of Vietnam;
b) reported to the Agency, money laundering in the State Bank of Vietnam suspicious transaction received or discovered during the inspection, check;
c) treats or proposes authority to handle violations of the law on prevention of money laundering.
4. Coordination, exchange of information with the State Bank of Vietnam and the ministries, relevant units: a) General sent and whenever there is a change to the object list report are the responsibility of management of the ministries themselves for money laundering prevention in the State Bank of Vietnam;
b) collaboration, Exchange and processing of the information prescribed in article 21 of this Decree;
c) collaboration, Exchange, provide, information processing in the course of inspection, investigation, prosecution, trial related to money laundering activities.
5. Annual periodic reports summarizing implementation of the prevention of money laundering, sending the State Bank of Vietnam to sum up, the Government.
6. Perform other duties as prescribed by the law on prevention of money laundering.
7. other provisions the ministries in this is the ministries managed objects report stated in paragraph 3, 4 Article 4 of the law on prevention of money laundering, including: a) the Ministry of finance to manage the objects the report do one or some of the following activities: advice, underwriting of securities , dealer securities; investment portfolio management; securities or cash management for the Organization, the other individual; the provision of insurance services, investment related to life insurance; provision of accounting services; business, gambling, casino;
b) Ministry of construction management of report objects do one or some of the following activities: business property management services, real estate brokerage services; business real estate trading;
c) Ministry of natural resources and environment management of the object reporting the implementation of one or more of the following activities: management services, brokerage of buying and selling land, the transfer of land use rights;
d) Ministry of planning and investment to manage the objects the report do one or some of the following activities: investment trust services; the service establishment, management, administration of businesses; services provided to the Director, the Secretary of the business to a third party;
DD) the Ministry of Justice administers the reporting objects implement one or more of the following activities: the provision of public services; legal services of an attorney, practicing lawyers organization;
e) Industry report objects management make active trading of precious metals and gems.
Chapter IV INTERNATIONAL COOPERATION on prevention of MONEY LAUNDERING article 27. International cooperation in the exchange of information and documents on prevention of money laundering 1. The type of information, exchange of documents, provide foreign partners: a) legal texts, General information about the mechanism, policy in the prevention of money laundering; General information about the work of prevention of money laundering in each sector; information about the international cooperation in the prevention, combating money-laundering;
b) information in the official report on the implementation of the resolutions of the UN Security Council;
c) information, reports in the framework of the implementation of the Convention, international commitments and the memorandum which Vietnam joined signed;
d) aggregate information and details of support for the process of handling suspicious transactions;
DD) aggregate information and details of support for the process of investigation, prosecution, trial of offences;
e other information) by the State Bank of Vietnam do General clue the Government decision.
2. Forms of Exchange, providing information, documentation: a) information, documentation and required to provide the information and documents referred to in Points a, b, c Paragraph 1 of this article are made in writing or by electronic mail (e-mail), fax or other electronic means;
b) information, documentation and required to provide the information, according to documents specified in point d, e and e Clause 1 of this article must be made in writing.
3. content requires a) written request to Exchange, providing information, documents and at least include the following information: name, country, address, telephone number, fax number, email address; institution name, country requirements, address, telephone number, fax number, email address; the specific information needs of Exchange, provided; the basis, reason requires the Exchange to provide information; the subject, the purpose of use of the information, the document is provided; the time limit for requesting the Exchange and provision of information; detailed service features support for determining where the information store, exchange documents, provided; copies of documents, evidence or final decision of the competent authority of the requesting country; name, title of authorized person sign the written request, the Organization's stamp requirements (if any);
b) mail, fax request to Exchange, provide the information must include the following information: name of organization, the requested country; institution name, country requirements, address, fax number, email address; the specific information needs of Exchange, provided; the basis, reason requires the Exchange to provide information; the subject, the purpose of use of the information, the document is provided; the time limit for requesting the Exchange and provision of information; name, title of the person signing the required documents.
4. Exchange requests, provision of information may be refused in the following cases: a) the requested information is exchanged, provided that can harm the sovereignty, national security or other vital interests of Vietnam;
b) requested information exchange, provide inconsistent with international treaties to which the Socialist Republic of Vietnam is a member of the international agreement, which Vietnam joined the signing and the other provisions of the law of Vietnam;
c) require the Exchange, provide full information content as specified in paragraph 3 of this article.
5. The agency or organization has the right international cooperation in the Exchange, providing information on prevention of money laundering: a) State Bank of Vietnam has the authority to make or do the clues make the Exchange, provide the information specified in paragraph 1 of this article;
b) Ministry of Foreign Affairs, in cooperation with the relevant bodies to provide or relevant agency guide provides information at point b, c Paragraph 1 of this article;
c) Ministry of public security, Ministry of Justice, depending on the function, its tasks in cooperation with the Supreme People's Procuratorate, the Supreme People's Court to make or do the clues make the Exchange, provide the information prescribed in Paragraph 1 of this article the DUS Points;
d) ministries, other government agencies depending on the function, his task made the Exchange, providing the information as provided in this paragraph 1 point a, at the same time notified promptly in writing of the content, timing, the parties involved and the international cooperation program for the Vietnam State Bank or agency specified in point c of this paragraph.
Article 28. International cooperation in identifying and blockade of assets money laundering offenders 1. Order and procedure for determining, blockade of assets money laundering offenders comply with the provisions of the law on judicial assistance, international treaties to which the Socialist Republic of Vietnam is a member, the code of criminal procedure and the provisions of relevant laws.
2. The requirement to identify and block properties in Vietnam of the offenders of money laundering abroad must meet the content as requested in point a, paragraph 3 of this Decree and article 27 was sent to the Ministry of Justice attached to the decision or the judgment of the Court declaring individual properties are required to determine and blockade in Vietnam is washing offenders money.
Article 29. Judicial assistance and cooperation in the extradition of criminals in money laundering 1. Processes, procedures, methods of judicial aid in the prevention of money laundering is done according to the law on judicial assistance and the code of criminal procedure, international treaties to which Vietnam country Vietnam Socialist Republic as members, a judicial assistance agreement between Vietnam with other countries.
2. Processes, procedures, cooperation in the extradition crime money laundering is done according to the law on judicial assistance and the code of criminal procedure, international treaties to which Vietnam country Vietnam Socialist Republic as members, a judicial assistance agreement between Vietnam with other countries. The Ministry of public security made the clue done and co-operation requests extradition the crime of money laundering.
Chapter V article 30 ENFORCEMENT TERMS. Effect 1. The Decree has effect as from October 10, 2013.
2. This Decree replaces Decree No. 74/2005/ND-CP dated 7 June 2005 by the Government on prevention of money laundering.
Article 31. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and other organizations and individuals concerned is responsible for the implementation of this Decree.