Chương 3 Nghị định 122/2013/NĐ-CP: Xác lập danh sách tổ chức, cá nhân có liên quan hoặc không liên quan đến khủng bố, tài trợ khủng bố

Chapter 3.

COMPILATION OF THE LIST

Article 11. Addition and removal of organizations and individuals from the List and publishing the list thereof.

1. An organization or individual shall be added to or removed from the List on the following bases:

Resolutions of UNSC issued according to Chapter VII of the UN’s Charter;

b) Requests from other countries;

c) Results of investigation prosecution and adjudication activities of agencies conducting criminal proceedings.

d) Based on evidence gained from investigation, competent authorities have grounds to conclude that an individual or organization had conducted or prepare to conduct one of the activities prescribed in clause 1, 2 and 3 Article 3 of Anti-terrorism Law

2. The Ministry of Public Security shall take the lead and cooperate with the Ministry of Foreign Affairs, Ministry of National Defense, State Bank of Vietnam and other related ministries and branches to promptly update the List of UNSC and list or de-list organizations and individuals that are related to terrorism and terrorism financing based on clause 1 of this Article. The updated consolidated list shall be posted on the electronic portal of the Ministry of Public Security.

3. Financial organization, non-financial organizations and individuals and other related agencies shall be responsible for updating the List by promptly add organizations and individual listed as involved in terrorism or terrorism financing and remove those who are not related thereto; and suspend, freeze, seal, seize and dispose of the money and assets involved in terrorism or terrorist financing in accordance with this Decree.

Article 12. Request for listing or de-listing entities from the List of the United Nations

1. In case of detecting an organization or individual who meet the criteria of involved in terrorism or terrorism financing specified in the UNSC resolutions issued according to Chapter VII of the UN’s Charter yet not listed on the List of UNSC , the Ministry of Public Security shall take the lead and cooperate with Ministry of Foreign Affairs, Ministry of Defense, State Bank of Vietnam and other relevant ministries and branches to inform the Prime Minister for consideration and decision of requesting competent authorities of the UN to list the detected subject thereon.

2. In case of detecting an organization or individual listed on the List of UNSC but not meet the criteria of involved in terrorism or terrorism financing specified in the UNSC resolutions issued according to Chapter VII of the UN’s Charter, the Ministry of Public Security shall take the lead and cooperate with other relevant ministries and branches to inform the Prime Minister for consideration and decision of requesting competent authorities of the UN to de-list the detected subject from the List of UNSC.

Article 13. Receiving and handling requests from other countries for identifying the involvement of organizations and individuals with terrorism and terrorism financing; and request other countries for issue thereof.

1. When receiving requests from other countries for identifying the involvement of organizations and individuals with terrorism and terrorism financial, the Ministry of Public Security shall take the lead and cooperate with the Ministry of Foreign Affairs, Ministry of National Defense, State Bank of Vietnam and other related ministries and branches to handle. If there are concrete proofs for identifying the involvement of an organization or an individual with terrorism and terrorism financing, the Minister of Public Security shall decide whether that organization or individual is on the List and inform the requested country.

2. In case of detecting an organization or individual who meet the criteria of involved in terrorism or terrorism finance specified in the List of UNSC, or those who successfully conducted or prepare to conduct one of the activities prescribed in clause 1, 2 and 3 Article 3 of Law on anti-terrorism but yet to be identified as involved in terrorism or terrorism finance by the relevant country, the Ministry of Public Security shall take the lead and cooperate with Ministry of Foreign Affairs, Ministry of Defense, State Bank of Vietnam and other relevant ministries and branches to inform the Prime Minister for consideration and decision of requesting such country to identify the detected subject as involved in terrorism or terrorism financing.

3. In case of detecting an organization or individual listed as involved in terrorism or terrorism financing by other country but such subject has not met the criteria of involved in terrorism or terrorism finance specified in the List of UNSC, or those who not successfully conducted or prepare to conduct one of the activities prescribed in clause 1, 2 and 3 Article 3 of Law on anti-terrorism, the Ministry of Public Security shall take the lead and cooperate with Ministry of Foreign Affairs, Ministry of Defense, State Bank of Vietnam and other relevant ministries and branches to inform the Prime Minister for consideration and decision of requesting such country to de-list the detected subject.

Article 14. Filing and settling complaints and denunciations

1. Organizations and individuals have the right to lodge complaints and denunciations for being temporarily circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing or being listed as organizations and individuals involved in terrorism or terrorist financing.

2. 2. Processes, orders and responsibility related to the handling of denunciations and complaints about the circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing and compilation of the List shall be performed in compliance with the law on complaints and denunciations.