Chapter III.
RESPONSIBILITIES OF STATE AGENCIES FOR ANTI MONEY LAUNDERING WORKS
Article 24. Responsibilities of the State bank of Vietnam
1. To be responsible before Government to execute state management on anti money laundering through the following measures:
a) To coordinate with the Ministry of Justice in submitting the program on elaborating legal documents about anti money laundering to Government;
b) To assume the prime responsibility for, and coordinate with relevant Ministries and sectors in, periodically assessing risks of money laundering in Vietnam; formulating and submitting to competent authorities for approving and promulgating strategies, national plans on the anti money laundering;
c) To coordinate with Ministry of Internal Affairs, the Ministry of Finance and relevant Ministries and sectors in, reviewing, summing up, reporting and proposing plans, measures to ensure organizational structure, human, financial and technical resources for units in charge of anti money laundering;
d) To assist the Prime Minister in directing ministries and sectors to coordinate with the Supreme People’s Court and the Supreme People’s Procuracy in taking actions against money laundering and terrorism financing.
2. To promulgate documents guiding implementation of legal provisions on anti money laundering.
3. To timely notify competent agencies of anti-terrorism information about act of money laundering with the aim to finance terrorism as prescribed in Clause 3 Article 20 of this Decree and anti-terrorism laws .
4. To cooperative, exchange, provide information with domestic competent agencies as prescribed in Article 20 and Article 21 of this Decree.
5. To inspect, examine, supervise activities of anti money laundering in respect to the reporting entities under its state management responsibility; handle or propose competent authorities for handling for violations of law on anti money laundering.
6. International cooperation in anti money laundering:
a) To propose competent authorities; assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, relevant ministries and sectors in, negotiating, signing and organizing implementation of International treaties, international agreements on anti money laundering;
b) To act as focal agency in negotiating, signing international agreements on exchanging information about anti money laundering; exchanging information with foreign agencies for anti money laundering, and other foreign agencies and organizations as prescribed in Article 27 of this Decree;
c) To act as focal agency in participating in implementation, carrying out Vietnam’s obligations with role as member of international organizations for anti money laundering;
d) To act as focal agency in researching, training, supporting information, techniques and exchanging experiences in anti money laundering.
7. To perform other responsibilities specified in Article 37 of Law on anti money laundering.
Article 25. Responsibilities of the Ministry of Public Security
1. To receive, collect and handle information which is transferred by Agency for anti money laundering under The State bank of Vietnam, information which is provided by the reporting entities as prescribed in Law on anti money laundering and this Decree; notify relevant result of handling to Agency for anti money laundering.
2. Annually, to sum up criminal cases involving money laundering and exchange result with the State bank of Vietnam; coordinate with the State bank of Vietnam in elaborating documents for popularization and warning about new methods, tricks, and activities of domestic and foreign money laundering offenders.
3. Annually, to send reports on summing up implementation of responsibilities of the Ministry of Public Security in anti money laundering in Vietnam’s territory to the State bank for summing up and submitting to Government.
4. To assume the prime responsibility for, and coordinate with relevant Ministries and sectors in proposing elaboration, promulgation or promulgating, under its competence, legal documents in activities of fight, anti money laundering.
5. To perform other responsibilities specified in Article 38 of Law on anti money laundering.
Article 26. Responsibilities of other Ministries and sectors
1. To coordinate with the State bank of Vietnam in performing state management of anti money laundering:
a) Researching, proposing completion of legal framework on anti money laundering in their management fields;
b) Periodically assessing and proposing measures to handle risks of money laundering in their management fields;
c) Appointing and ensuring the organizational structure, human, financial and technical resources for focal units and units in charge of on anti money laundering under their ministries, sectors.
2. Guiding, directing units in system and the reporting entities under their management competence in carrying out anti money laundering measures.
3. Conducting inspections and examination over activities of anti money laundering in respect to the reporting entities under their management competence.
a) Periodically conducting inspections and examinations or conducting inspections and examinations at the request of Agency for anti money laundering under The State bank of Vietnam; notifying result of inspections and examinations to Agency for anti money laundering under The State bank of Vietnam;
b) Notifying Agency for anti money laundering under The State bank of Vietnam about doubtful transactions which they have received or detected during the course of inspection and examination;
c) Handling and proposing competent authorities for handling, in respect to violations of law on anti money laundering.
4. Coordinating and exchanging information with The State bank of Vietnam and relevant Ministries, sectors and units:
a) To sum up to send and notify immediately when there is change in list of the reporting entities under management responsibility of their ministries and sectors to the agency for anti money laundering, under the State bank of Vietnam;
b) To coordinate in exchanging and handling information as prescribed in Article 21 of this Decree;
c) To coordinate, exchange, supply, handle information in the course of inspection, investigation, prosecution, adjudication involving activities of money laundering.
5. Annually, to make summing reports about implementation of anti money laundering and send them to the State Bank of Vietnam for summing up and submitting to Government.
6. To perform other responsibilities specified in Law on anti money laundering.
7. Other Ministries and sectors specified in this Article mean Ministries and sectors managing the reporting entities stated in Clauses 3, 4 Article 4 of Law on anti money laundering, including:
a) The Ministry of Finance manages the reporting entities which perform one or some following activities: Consultancy, guarantee for securities issue, agent of securities distribution; management of investment capital list; management of cash or securities for other organizations or individuals; provision of insurance and investment services related to life insurance; provision of accounting service; trading in games with prizes, casino;
b) The Ministry of Finance manages the reporting entities which perform one or some following activities: Trading in service of real estate management, service of real estate brokerage; trading in real estate transaction floor;
c) The Ministry of Natural Resources and Environment manages the reporting entities which perform one or some following activities: Trading in service of land management, purchase and sale brokerage, transfer of land use right;
d) The Ministry of Planning and Investment manages the reporting entities which perform one or some following activities: Service of investment entrustment; service of establishment, management, administration of enterprises; service of provision of directors, clerks of enterprises to the third party;
dd) The Ministry of Justice manages the reporting entities which perform one or some following activities: Provision of notarization service, legal services of lawyers, law-practice organizations;
e) The Ministry of Industry and Trade manages the reporting entities which perform activities of trading in precious metals and gems.
Tìm kiếm
Nghị định 116/2013/NĐ-CP (Bản Word)
Nghị định 116/2013/NĐ-CP (Bản Pdf)