Chương IV Nghị định 116/2013/NĐ-CP: Hợp tác quốc tế về phòng, chống rửa tiền

Chapter IV.

INTERNATIONAL COOPERATION IN ANTI MONEY LAUNDERING

Article 27. International cooperation in exchanging information and documents involving anti money laundering

1. Types of information and documents allowed exchanging and providing for foreign partners:

a) Legal documents, general information about mechanism, policy in anti money laundering; general information about anti money laundering in each field; information about international cooperation in anti money laundering;

b) Information in official report about implementation of Resolutions of United Nations Security Council;

c) Information, reports in framework to perform international treaties, commitments and memorandums which Vietnam has signed or acceded;

d) General and detailed information to support for course of handling doubtful transaction;

dd) General and detailed information to support for course of investigation, prosecution and adjudicate of offenders;

e) Other information which are summed up by the State bank of Vietnam as a focal agency to submit to Government for decision.

2. Forms of exchanging, providing information and document:

a) Information, documents and request for providing information, documents stated in points a, b, c clause 1 of this Article may be made in writing or email, facsimile or other electronic means;

b) Information, documents and request for providing information, documents stated in points d, dd and e clause 1 of this Article must be made in writing.

3. Content of request

a) Written request for exchanging, providing information and document minimally includes the following information: Name of the requested organization or country, address, telephone number, facsimile number, email; name of the requesting organization or country, address, telephone number, facsimile number, email; specific information which needs be exchanged, provided; basis, reason of request for exchanging and providing information; subjects and purpose of using the provided information, documents; time limit of request for exchanging, providing information; characteristics in details of support case for determining place storing information, documents which need be exchanged or provided; copies of vouchers, evidences or final judgment of competent agencies of the requesting country; name and position of person competent to sign on the written request, affixing seal of the requesting organization (if any);

b) Letters, facsimiles requesting for exchanging, providing information must include the following information: Name of the requested organization or country, name of the requesting organization or country, address, facsimile number, email; specific information which needs be exchanged, provided; basis, reason of request for exchanging and providing information; subjects and purpose of using the provided information, documents; time limit of request for exchanging, providing information; name and position of person signing on the written request.

4. Request for exchanging, providing information may be refused in the following cases:

a) Information requested for exchanging or providing may cause harms to the sovereignty, national security or other important interests of Vietnam;

b) Information requested for exchanging or providing does not conform to international treaties of which the Socialist Republic of Vietnam is a member, international agreements which Vietnam has signed or acceded to and other regulations of Vietnamese laws.

c) Requests for exchanging or providing information fail to contain sufficient contents as prescribed in Clause 3 of this Article;

5. Agencies and organizations have right of international cooperation in exchanging and providing information about anti money laundering:

a) The State bank of Vietnam has competence to perform or act as focal agency in exchange and provision of information specified in Clause 1 of this Article;

b) The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with relevant agencies in providing or guiding relevant agencies in providing information specified in point b, c Clause 1 of this Article;

c) The Ministry of Public Security, the Ministry of Justice shall, depend on their functions and tasks, coordinate with the Supreme People’s Procuracy, the Supreme People’s Court , in performing or acting as focal agency in performing the exchange and provision of information as prescribed in point dd Clause 1 of this Article;

d) Ministries, sectors and other agencies under Government shall, depend on their functions and tasks, conduct performing the exchange and provision of information specified in point a Clause 1 of this Article, concurrently notify timely in writing about content, time, relevant parties and other international cooperation programs to the State bank of Vietnam or agencies specified in point c of this Clause.

Article 28. International cooperation in determining and blocking assets of money laundering offenders

1. Orders of and procedures for determining and blocking assets of money laundering offenders shall comply with Law on legal assistance, International treaties of which the Socialist Republic of Vietnam is a member, Code of criminal procedures and other provisions of relevant laws.

2. Request for determining and blocking assets in Vietnam of overseas money laundering offenders must satisfy contents in requirement in point a Clause 3 Article 27 of this Decree and be send to the Ministry of Justice enclosed with decision or judgment of Court in which individual possesses assets being requested for determination and blockade in Vietnam is sentenced to be money laundering offender.

Article 29. Performing legal assistance and cooperation in extradition of money laundering offenders

1. Process of, procedures for and methods of legal assistance in anti money laundering shall comply with Law on legal assistance and Code of criminal procedures of Vietnam, International treaties of which the Socialist Republic of Vietnam is a member, agreements of legal assistance between Vietnam and other countries.

2. Process of, procedures for and methods of cooperation in extradition of money laundering offenders shall comply with Law on legal assistance and Code of criminal procedures of Vietnam, International treaties of which the Socialist Republic of Vietnam is a member, agreements of legal assistance between Vietnam and other countries. The Ministry of Public Security shall act as focal unit in performing and requesting for extradition of money laundering offenders.

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