THE PRIME MINISTER
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 941/QD-TTg
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Hanoi, August 05, 2022
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DECISION
PROMULGATING THE NATIONAL ACTION PLAN FOR ANTI-MONEY
LAUNDERING, COUNTER-TERRORIST FINANCING AND COUNTER-FINANCING OF PROLIFERATION
OF WEAPONS OF MASS DESTRUCTION IN 2021 - 2025 PERIOD
THE PRIME MINISTER
Pursuant to the Law on
Government Organization dated June 19, 2015; Law dated November 22, 2019 on
Amendments to some Articles of the Law on Government Organization and Law on
Local Government Organization;
Pursuant to Law on the
State Bank of Vietnam dated June 16, 2010;
Pursuant to Law on
Anti-Money Laundering dated November 15, 2022;
Pursuant to the Law on
Anti-Terrorism dated June 12, 2013;
Pursuant to Decree No.
81/2019/ND-CP dated November 01, 2019 of the Government on counter-financing of
proliferation of weapons of mass destruction;
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HEREBY DECIDES:
Article 1. Promulgated together with this Decision is the National
Action Plan for anti-money laundering, counter-terrorist financing and
counter-financing of proliferation of weapons of mass destruction in 2021
- 2025 period.
Article 2. This Decision comes into force from the day on which it is
signed.
Article 3. Ministers, heads of ministerial agencies, heads of
Governmental agencies and members of the Steering Committee for Anti-Money
Laundering are responsible for the implementation of this Decision.
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Le Minh Khai
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FOR ANTI-MONEY LAUNDERING, COUNTER-TERRORIST FINANCING AND
COUNTER-FINANCING OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION IN 2021
- 2025 PERIOD
(Enclosed with the Prime Minister’s Decision No. 941/QD-TTg dated August 05,
2022)
I. OBJECTIVES
1. General objectives
- Establish an effective
mechanism anti-money laundering, counter-terrorist financing and
counter-financing of proliferation of weapons of mass destruction (hereinafter
referred to as “AML/CFT/CPF) in Vietnam for peace, stabilization, development
and integration, thereby enhancing Vietnam’s prestige and position in
international community.
- Fulfill
responsibilities of Vietnam as a member of the Asia-Pacific Group on Money
Laundering (APG).
- Provide the best
protection for interests of the country, organizations and individuals in the
economy, thereby contributing to preventing and combating corruption and
ML/TF/PF offences, enhancing the stability of financial institutions and other
reporting entities (hereinafter referred to as “REs”), ensuring security,
safety and social order, and promoting the economic growth.
2. Specific objectives
- Complete legal
frameworks and build a system of consistent legislative documents on
AML/CFT/CPF which is suitable for domestic application to aim for the
achievement of international standards.
- Increase the
effectiveness of national risk assessment and domestic cooperation by way of
updating national risk assessments of ML/TF/PF and formulating an action plan
to address risks identified in the national risk assessments; amend,
supplement, develop and deploy a mechanism for cooperation and information
sharing, especially for industries and sectors at high risk of ML/TF/PF.
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- Enhance the
effectiveness of investigation, prosecution, adjudication of, and forfeiture of
assets linked to ML/TF offence, especially in high-risk sectors on the basis of
domestic and foreign cooperation under formal and informal cooperation
mechanisms; effectively implement the process for investigating and prosecuting
ML in parallel with the predicate offences thereof; develop and complete the
process/sequence of parallel financial investigation, tracing, prevention, and
confiscation of assets in relation to high-risk predicate offences.
- Enhance the
effectiveness of the prevention and combat of ML/TF/PF on the basis of
increasing resources, especially for the Anti-Money Laundering Authority (the Anti-Money
Laundering Department) of the State Bank of Vietnam (hereinafter referred to as
“SBV”); raise awareness and boosting the operational efficiency of the units in
charge of AML/CFT/CPF in relevant ministries and central authorities.
- Strengthen inter-ministerial
and inter-agency coordination, cooperation and exchange mechanisms in respect
of AML/CFT/CPF in order to assure the strict and effective implementation of
APG's recommendations for Vietnam.
- Intensify international
cooperation and increase the efficiency thereof; accelerate the negotiation and
signing of Memorandums of Understanding with foreign countries on AML/CFT/CPF;
exchange, share and provide information through official and unofficial
channels; accede to regional and international AML/CFT/CPF organizations.
- Strengthen and promote
the dissemination, training and improvement of knowledge and professional
expertise in AML/CFT/CPF in accordance with regulations of law and
international standards, especially high-risk sectors.
- Properly discharge
obligations of Vietnam as a member of the Asia/Pacific Group on Money
Laundering (APG), especially those arising from the results of APG's
multilateral assessment of Vietnam’s mechanisms for AML/CFT/CPF.
II. MAJOR TASKS AND
SOLUTIONS
1. Complete legal frameworks for AML/CFT/CPF by way of
achieving international requirements and making them suitable for application
in Vietnam.
Perfect legal frameworks
for AML/CFT/CPF in 2021 - 2025 period, promulgate, amend and supplement
legislative documents that are suitable for application in Vietnam and approach
international standards, thereby creating the basis for the process of
international integration and development. To be specific:
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- The Criminal Code with
regard to ML/TF/PF offences; study regulations stipulating penal liability of
non-commercial juridical persons;
- The Law on Anti-Money
Laundering, the Law on Counter-Terrorism and their guiding documents;
- The Law on Real Estate
Business, which stipulates that real estate trading transactions must be made
through banks (non-cash) in order to contribute to AML/CFT/CPF;
- Formulate legislative
documents specifying responsibilities and methods for implementation,
collection, updating and storage of beneficial ownership information by
enterprises;
- Formulate regulations
on imposing administrative sanctions for AML/CFT/CPF in all relevant business
lines;
- Formulate regulations
of law on AML/CFT/CPF in the areas of production, processing, fabrication and
trading of precious metals and gems; define the roles and responsibilities of
relevant units;
- Regulations of law on
associations and funds; law on religion; law on foreign non-governmental
organizations to make them conformable with regulations of law on AML/CFT/CPF.
b) Study the feasibility
and propose the development of a mechanism for non-conviction-based asset
forfeiture in Vietnam.
c) Study
and review the Law on Mutual Legal Assistance under Decision No. 2114/QD-TTg
dated December 16, 2021 on the promulgation of the Plan to implement Conclusion
No. 19-KL/TW of the Politburo and the Scheme on orientations for the law
formulation program of the 15th National Assembly with the aim
of providing multilateral legal assistance in the investigation, prosecution
and adjudication of ML and TF cases and predicate offences associated with ML
and TF.
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dd) Aim to develop a
legal framework/guidance manual on risk-based inspection and supervision of
AML/CFT/CPF with respect to financial institutions, organizations and
individuals involved in relevant non-financial business lines.
2. Improve the effectiveness of ML/TF/PF risk assessment and
domestic cooperation
Update Vietnam's national
risk assessment of ML/TF/PF in 2018 - 2022 period. Identify solutions and tasks
to be performed in order to address the identified risks in relevant ministries
and central authorities.
Continue to improve and
enhance the efficiency in coordination, information sharing and cooperation in
the fight against predicate offences and ML/TF offences, especially in
industries and sectors that have been identified as high-risks.
Develop a mechanism for
cooperation in information exchange, connection and information sharing between
the Anti-Money Laundering Authority (the Anti-Money Laundering Department) and
other competent authorities.
3. Intensify the inspection, examination and supervision to
ensure that REs comply with regulations of law on AML/CFT/CPF in the direction
of risk-based approach
In the 2021 - 2025
period, aim to develop and apply the risk-based inspection and supervision of
ML/TF/PF in all sectors, meeting the requirements of international standards as
well as ensuring the efficient allocation of domestic resources.
Intensify the inspection, examination and supervision of AML/CFT/CPF in all
sectors under state management of ministries and central authorities.
4. Continue intensifying the investigation, prosecution,
adjudication of, confiscation and forfeiture of assets, especially from
predicate offences identified as high-risk of ML/TF/PF
Continue to strengthen
the investigation, prosecution and adjudication of ML/TF/PF offences,
especially those associated with sectors identified as high-risk in Vietnam in
an effort to provide the most number of cases, information and data.
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Develop a
process/sequence of tracing, prevention, and confiscation of assets with
respect to predicate offences at high risks of ML/TF/PF.
5. Improve the effectiveness of AML/CFT/CPF
Continue to effectively
implement the process of investigating TF crimes. Strengthen the training in
financial investigation and raise law enforcement agencies’ understanding of
the scope and application of TF offence. Develop a process for receiving
information and requests from other countries and process for the
inclusion/removal of individuals and entities in/from the list of designations
under Resolutions on TF of the United Nations Security Council (UNSC).
Proactively participate in the investigation into UNSC's ML/TF/PF sanctions
evasion.
Provide human resources
for the Anti-Money Laundering Authorities (the Anti-Money Laundering
Department) so as for it to act as a national focal point for AML/CFT in
Vietnam and perform its role as a Financial Intelligence Unit in accordance
with international standards on AML/CFT/CPF.
6. Increase the efficiency in international cooperation,
information sharing and exchange in AML/CFT/CPF
In order to increase the
efficiency in international cooperation, information sharing and exchange in
AML/CFT/CPF, attention should be paid to:
Intensifying the
exchange, sharing, provision of information and official and informal
international cooperation in AML/CFT/CPF.
Negotiating and signing
Memorandums of Understanding on cooperation and exchange of information on
AML/CFT/CPF with foreign partners, signing Agreement on Mutual Legal Assistance
in Criminal Matters; studying and proposing the accession to regional and
international AML/CFT/CPF organizations in accordance with Vietnam's
requirements.
7. Keep promoting the dissemination and training in order to
increase awareness and understanding of regulatory authorities and REs in the
economy about AML/CFT/CPF.
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In addition, information
on the establishment of non-commercial juridical persons (associations, social
funds, charities and non-governmental organizations) shall be publicized,
updated and supplemented; documents and reports on AML/CFT/CPF shall be also
published on the websites of relevant ministries and central authorities in
accordance with regulations of law.
III. SPECIFIC ACTIONS
(Described in the List
and Appendix hereto).
IV. ORGANIZING
IMPLEMENTATION
1. Funding
Relevant ministries and
central authorities shall proactively make estimates of costs of performing the
tasks assigned to them and include them in their estimates of annual operating
expenses.
2. Responsibility for
implementation
a) SBV shall:
Perform and take
responsibility to the Prime Minister and the Head of the Steering Committee for
Anti-Money Laundering for the tasks assigned to it.
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Before February 15 every
year, SBV shall submit to the Prime Minister a consolidated report on results
of implementing the Plan in the previous year.
b) Relevant ministries
and central authorities shall:
Take responsibility to
the Prime Minister and the Head of the Steering Committee for Anti-Money
Laundering for the tasks assigned to them.
The Supreme People's
Procuracy and the Supreme People's Court are requested to perform the tasks
under this Plan.
Cooperate with SBV and
other relevant ministries and central authorities in carrying out the actions
assigned thereto under this Plan and submit a report on the results thereof to
SBV before January 15 every year so as for the latter to submit a consolidated
report to the Prime Minister.
LIST
NATIONAL ACTIONS WITH A VIEW TO ANTI-MONEY LAUNDERING,
COUNTER-TERRORIST FINANCING AND COUNTER-FINANCING OF PROLIFERATION OF WEAPONS
OF MASS DESTRUCTION IN 2021 - 2025 PERIOD
(Enclosed with the Prime Minister’s Decision No. 941/QD-TTg dated August 05,
2022)
No.
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Authorities presiding over studying and handling within
their power and the ambit of their functions and tasks assigned
Cooperating authorities
Completion time
I. ACTIONS TO
COMPLETE LEGAL FRAMEWORKS
1
Study and propose
amendments to the Criminal Code with regard to ML/TF/PF offences; study
regulations stipulating penal liability of non-commercial juridical persons.
Ministry of Justice
Relevant ministries and
central authorities
2022 - 2025
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Study and amend the Law
on Anti-Money Laundering and its guiding documents.
SBV
Relevant ministries and
central authorities
March, 2023
3
Study and propose
amendments to the Law on Counter-Terrorism and its guiding documents to
address deficiencies related to CFT in accordance
with APG’s recommendations.
Ministry of Public
Security
Relevant ministries and
central authorities
2022 - 2025
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Study and review the
Law on Mutual Legal Assistance; study the possibility of formulating a Bill
on Judicial Assistance in Civil Mattes, Bill on Judicial Assistance in Criminal
Mattes, Bill governing the extradition and Bill
governing the transfer of persons who are serving sentence in prisons with
the aim of providing multilateral legal assistance in the investigation,
prosecution and adjudication of ML and TF cases and predicate offences
associated with ML and TF.
Ministry of Justice and
Ministry of Public Security in cooperation with People’s Supreme Procuracy
(Decision No. 2114/QD-TTg dated December 16, 2021 on the promulgation of the
Plan to implement Conclusion No. 19-KL/TW of the Politburo and the Scheme on
orientations for the law formulation program of the 15th National
Assembly)
Relevant ministries and
central authorities
2022 - 2025
5
Study and propose
amendments to the Law on Real Estate Business, which stipulates that real
estate trading transactions must be made through banks (non-cash) in order to
contribute to AML/CFT/CPF.
Ministry of
Construction
Relevant ministries and
central authorities
2022 - 2025
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Study the feasibility
and propose the development of a mechanism for non-conviction-based asset
forfeiture in Vietnam.
Ministry of Justice
People’s Supreme
Procuracy as requested.
Relevant ministries and
central authorities
2022 - 2025
7
Study and propose the
formulation and completion of regulations on imposing administrative
sanctions AML/CFT/CPF within the jurisdiction of relevant ministries and
central authorities.
Ministry of National
Defense, Ministry of Home Affairs, Ministry of Justice, Ministry of
Construction, Ministry of Industry and Trade, Ministry of Planning and
Investment, Ministry of Finance (according to its function of state
management of each sector)
Relevant ministries and
central authorities
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8
Study, formulate and
amend regulations of law on AML/CFT/CPF in the areas of production,
processing, fabrication and trading of precious metals and gems; define the
roles and responsibilities of relevant units.
Ministry of Industry
and Trade, SBV
Relevant ministries and
central authorities
2022 - 2025
9
Conduct research on
virtual assets so as to prevent ML, TF and PF in accordance with
international standards and Vietnam’s reality.
Ministries and central
authorities as assigned by the Prime Minister
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10
Study and develop a
legal framework/guidance manual on risk-based inspection and supervision of
AML/CFT/CPF with respect to financial institutions, organizations and
individuals involved in relevant non-financial business lines under
management of each ministry or central authority.
Ministry of National
Defense, SBV, Ministry of Finance, Ministry of Justice, Ministry of Home
Affairs, Ministry of Construction, Ministry of Industry and Trade (according
to its function of state management of each sector)
Relevant ministries and
central authorities
2022 - 2024
11
Study and propose
amendments to legislative documents specifying responsibilities and methods
for implementation, collection, updating and storage of beneficial ownership
information by enterprises within the jurisdiction of relevant ministries and
central authorities.
Ministry of Planning
and Investment
Relevant ministries and
central authorities (according to their functions and tasks assigned)
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2022 - 2025
12
Study and amend
regulations of law on associations and funds; law on religion to make them
conformable with regulations of law on AML/CFT/CPF.
Ministry of Home
Affairs
Committee for Foreign
Non-governmental Organization Affairs.
Relevant ministries and
central authorities.
2022 - 2024
13
Study and establish a
legal framework for regulating pawn transactions related to ML/TF/PF.
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Relevant ministries and
central authorities
2022 - 2025
II. ACTIONS TO
IMPROVE EFFECTIVENESS OF RISK ASSESSMENT AND DOMESTIC COOPERATION
1
Effectively strengthen,
maintain, and organize operations of the Steering Committee for Anti-Money
Laundering (the Steering Committee).
Steering Committee
Ministries and central
authorities as members of the Steering Committee
Regularly
2
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SBV presiding over ML
risk assessment; Ministry of Public Security presiding over TF risk
management.
Relevant ministries and
central authorities
March, 2023
3
Review, amend and
formulate a mechanism and organize the coordination, information sharing and
cooperation in the fight against predicate offences and ML/TF/PF offences,
especially in high-risk industries and sectors.
SBV acting as a focal
point for ML assessment;
Ministry of Public
Security acting as a focal point for TF assessment;
Ministry of National
Defense acting as a focal point for PF assessment
Relevant ministries and
central authorities
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4
Strengthen the
formulation of mechanism for cooperation in information exchange, connection
and information sharing between the Anti-Money Laundering Authority (the
Anti-Money Laundering Department) and other competent authorities.
SBV
Relevant ministries and
central authorities
March, 2023
5
Connect information on
declaration and cross border transport of cash from the General Department of
Vietnam Customs to the Anti-Money Laundering Department.
SBV
Ministry of Finance
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III. ACTIONS TO
IMPROVE EFFECTIVENESS OF INSPECTION, EXAMINATION AND SUPERVISION
1
Rely on the current
situation, specific sectors under management, functions, tasks and
organizational structure to study, build, develop and apply AML/CFT/CPF
risk-based inspection and supervision in all sectors.
Ministry of National
Defense, SBV, Ministry of Finance, Ministry of Home Affairs, Ministry of
Construction, Ministry of Industry and Trade, Ministry of Planning and
Investment, Ministry of Justice (according to its function of state
management of each sector)
Relevant ministries and
central authorities
March, 2023
2
Intensify the
inspection, examination and supervision of AML/CFT/CPF in all sectors under
state management of ministries and central authorities.
Ministry of National
Defense, SBV, Ministry of Finance, Ministry of Home Affairs, Ministry of
Construction, Ministry of Industry and Trade, Ministry of Planning and
Investment, Ministry of Justice (according to its function of state
management of each sector)
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Regularly
3
Incorporate details
related to AML/CFT/CPF inspection in orientations for annual inspection
programs for all authorities; direct ministries and central authorities
concerned to strengthen the inspection, examination and supervision of
AML/CFT/CPF in all sectors under state management.
Government Inspectorate
Relevant ministries and
central authorities
Annually
IV. ACTIONS TO
IMPROVE EFFECTIVENESS OF INVESTIGATION, PROSECUTION, ADJUDICATION,
CONFISCATION AND FORFEITURE OF ASSETS
1
Strengthen the
investigation, prosecution and adjudication of ML/TF offences, especially in
sectors identified as high-risk.
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People’s Supreme
Procuracy as requested
Supreme People’s Court
as requested
Relevant ministries and
central authorities
Regularly
2
Promote domestic and
international cooperation in coordinating the investigation and prosecution
of transnational ML/TF cases through formal and informal cooperation
mechanisms with foreign agencies.
Ministry of Public
Security
People’s Supreme
Procuracy as requested
Supreme People’s Court
as requested
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Regularly
3
Study and update the
process of investigating ML crimes; formulate documents providing guidelines
on the process of financial investigation into ML in parallel with the
investigation into predicate offences thereof.
Ministry of Public
Security
People’s Supreme
Procuracy as requested
Supreme People’s Court
as requested
Relevant ministries and
central authorities
March, 2023
4
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Ministry of Public
Security
People’s Supreme
Procuracy as requested
Relevant ministries and
central authorities
Regularly
5
Develop a
process/sequence of tracing, prevention, and confiscation of assets with
respect to predicate offences at high risks of ML/TF/PF.
Ministry of Public
Security
People’s Supreme
Procuracy as requested
Supreme People’s Court
as requested
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2022 - 2023
V. ACTIONS TO
IMPROVE EFFECTIVENESS OF AML/CFT/CPF
1
Organize effective
implementation of the process of investigating ML/TF offence.
Ministry of Public
Security
People’s Supreme
Procuracy as requested
Supreme People’s Court
as requested
Regularly
2
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Ministry of Public
Security, SBV
People’s Supreme
Procuracy as requested
Supreme People’s Court
as requested
Regularly
3
Develop a process for
receiving information and requests from other countries and process for the
inclusion/removal of individuals and entities in/from the list of
designations under Resolutions on TF of the UNSC.
Ministry of Public
Security
Relevant ministries and
central authorities
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4
Investigate UNSC's
ML/TF/PF sanctions evasion.
Ministry of Public
Security, Ministry of National Defense
Relevant ministries and
central authorities
Regularly
5
Build capacity of the
Anti-Money Laundering Authorities (the Anti-Money Laundering Department) so
as for it to act as a national focal point for AML/CFT/CPF.
SBV
Relevant ministries and
central authorities
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6
Improve quality and
operational efficiency of units in charge of AML/CFT/CPF in relevant
ministries and central authorities in accordance with regulations of law on
AML/CFT/CPF.
Ministry of National
Defense, Ministry of Public Security, SBV, Ministry of Finance, Ministry of
Home Affairs, Ministry of Construction, Ministry of Industry and Trade,
Ministry of Planning and Investment, Ministry of Justice, Ministry of
Information and Communications (according to its function of state management
of each sector)
2022 - 2025
7
Review and amend the
regime for establishing process of managing and handling illegal assets and
assets related to ML/TF.
Ministry of Public
Security
Relevant ministries and
central authorities
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Supreme People’s Court
as requested
March, 2023
VI. ACTIONS TO
IMPROVE EFFECTIVENESS OF INTERNATIONAL COOPERATION
1
Intensify the exchange,
sharing, provision of information and official and informal international
cooperation in AML/CFT/CPF.
SBV (information on
AML);
Ministry of Public
Security (information on TF); Ministry of National Defense (information on
PF);
People’s Supreme
Procuracy as requested (information on judicial assistance in ML/TF/PF).
Relevant ministries and
central authorities
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2
Negotiate and sign
Memorandums of Understanding on cooperation and exchange of information on
AML/CFT/CPF with foreign partners and sign Agreement on Mutual Legal
Assistance in Criminal Matters.
Ministry of National
Defense, SBV, Ministry of Finance, Ministry of Public Security
Supreme People’s Court
as requested
People’s Supreme
Procuracy as requested
(according to their
functions and tasks assigned)
Relevant ministries and
central authorities
Regularly
3
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Ministry of National
Defense, Ministry of Public Security, SBV (according to their functions and
tasks assigned)
Relevant ministries and
central authorities
Regularly
VII. ACTIONS TO
PROMOTE DISSEMINATION AND TRAINING, AND OTHER ACTIONS
1
Strengthen and promote
the training and refresher training to improve knowledge and professional expertise
in service of inspection and examination by ministries and central
authorities in respect of AML/CFT/CPF, especially sectors at high risk of
AML.
Ministry of National
Defense, Ministry of Public Security, SBV, Ministry of Finance, Ministry of
Home Affairs, Ministry of Construction, Ministry of Industry and Trade,
Ministry of Planning and Investment, Ministry of Justice (according to its
function of state management of each sector)
Relevant ministries and
central authorities
Regularly
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Organize the
dissemination of and provision of training in regulations of law and
international standards AML/CFT/CPF to competent authorities, REs and other
entities.
SBV acting as a focal
point for AML;
Ministry of Public
Security acting as a focal point for TF;
Ministry of National
Defense acting as a focal point for PF
Relevant ministries and
central authorities
Regularly
3
Publicize, update and
supplement information on the establishment of non-commercial juridical
persons (associations, social funds, charities and non-governmental
organizations).
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Relevant ministries and
central authorities
March, 2023
4
Publish documents and
reports on AML/CFT/CPF shall be also published on the websites of relevant
ministries and central authorities in accordance with regulations of law.
SBV, Ministry of Public
Security, Ministry of National Defense
Relevant ministries and
central authorities
Regularly
5
Disseminate laws on
AML/CFT/CPF within the ambit of state management, functions and tasks
assigned.
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Relevant ministries and
central authorities
Regularly
APPENDIX
ACTIONS PERFORMED UNDER THE NATIONAL ACTION PLAN UNTIL
MARCH, 2023
(Enclosed with the Prime Minister’s Decision No. 941/QD-TTg dated August 05,
2022)
No.
APG’s recommendation
Description
Authorities presiding over studying and handling within
their power and the ambit of their functions and tasks assigned
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Completion time
A
RISK, POLICY AND
COORDINATION
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Recommendation 1
- Consider some
designated categories of offences, foreign trusts and some important sectors
upon conducting risk assessments.
- Update risk
assessments, conduct other specific threat assessments or sectoral assessments
regularly to complement the National Risk Assessment (NRA) process.
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- Request all REs to
take enhanced measures to manage and mitigate higher risks areas identified
by the NRA.
- Strengthen
supervision and request REs to enhance controls in keeping with their risks.
Study and propose
amendments to the Law on Anti-Money Laundering, review the implementation of
the Law on Anti-Terrorism to propose the addition of requirements on regular
updating of risk assessments and request regulatory authorities and REs to
apply enhanced measures to manage and mitigate identified ML/TF risks.
SBV (Law on Anti-Money
Laundering), Ministry of Public Security (Law on Anti-Terrorism)
Relevant ministries and
central authorities.
March, 2023
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II
Immediate Outcome 1
1
Update the
understanding of ML/TF risk through additional assessments, including threat
assessments (on organized crime, human trafficking, sexual exploitation,
illegal cross border transport of goods or currencies and environmental
crimes) and sectoral assessments (on virtual assets and virtual asset service
providers, foreign trusts, casinos, dealers in precious metals and stones,
lawyers, notaries and other independent legal professionals). In
conducting the assessments, consider a broader range of information including
intelligence analysis, strategic analysis, national and international
research/reports and increase the involvement of the private sector in the
assessment process.
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SBV (presiding over NRA
of ML)
Ministry of Public
Security (presiding over NRA of TF)
Relevant ministries and
central authorities
March, 2023
Issue a sectoral
assessment report on AML/CFT.
Relevant ministries and
central authorities according to their function of management of each sector
and as assigned by the Prime Minister.
March, 2023
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2
Adopt a national action
plan with clear overarching AML/CFT national policies guided by identified
threats and sectoral risks. Individual agencies, ministries, central
authorities and units should ensure their internal plan adopt and incorporate
the national action plan based on level of risk. Implement mechanisms at the
national and agency levels to monitor the implementation and progress of the
action plans.
Issue the National
Action Plan for AML/CFT/CPF in the 2021 - 2025 period.
SBV
Relevant ministries and
central authorities
March, 2023
Issue a Detailed Action
Plan for AML/CFT/CPF of each ministry and central authority and National
Action Plan.
Relevant ministries and
central authorities
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March, 2023
3
Implement risk-based
approaches across key authorities to prioritize capacity building, train and
allocate resources to develop and implement measures to prevent and mitigate
ML/TF risks. This includes step by step implementation by SBV, Ministry of
Public Security, Supreme People’s Procuracy, Supreme People’s Court and other
key authorities to ensure the objectives and activities are consistent with
the AML/CFT national policies and identified ML/TF risks. In order to utilize
resources more effectively, apply enhanced measures for identified high-risk
areas such as banking, real estate and other relevant sectors and consider to
apply simplified measures for lower risk sectors.
Strengthen resources
and trading based on identified risks so as to keep to the National Action
Plan and be suitable for national risks.
SBV
Ministry of Public
Security
People’s Supreme
Procuracy as requested
Supreme People’s Court
as requested
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Ministry of
Construction
Relevant ministries and
central authorities
March, 2023
4
Enhance operational
level cooperation and coordination by establishing or enhancing mechanisms
which focus on areas identified as high-risk in the NRA to ensure proper and
regular cooperation and coordination to combat ML/TF. This may include joint
task forces among the key law enforcement agencies to combat higher risk
crimes and joint supervision among the licensing and supervisory authorities
on the higher risk sectors.
Establish or enhance
the cooperation mechanisms among ministries and central authorities or interagency
mission teams which focus on areas identified as ML risk in the NRA.
Ministry of Public
Security (related to investigation into ML/TF crimes), People’s Supreme
Procuracy as requested (related to prosecution of ML/TF crimes), SBV (related
to AML and REs under its management), Ministry of Finance, Ministry of
Construction (related to REs under their management)
Relevant ministries and
central authorities
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5
Ensure the relevant
competent authorities cooperate and coordinate in the development and
implementation of policies and activities to combat PF, either by
incorporating this into the enhanced Post-NRA Action Plan or any new national
or ministerial or agency specific action plans.
Issue a document on
expansion of composition and functions of Vietnam’s focal point agency for PF
in an interagency and inter-ministerial manner.
Ministry of National
Defense
Relevant ministries and
central authorities
October, 2022
6
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Disseminate the
findings of risk assessments to relevant parties to improve their awareness
through associations, training courses and information sharing mechanisms
(notifications, guidelines, channels for information dissemination).
SBV (disseminating
findings of NRA to ministries and central authorities), SBV, Ministry of
Finance, Ministry of Construction, Ministry of Justice, Ministry of Industry
and Trade, Ministry of Foreign Affairs, Ministry of Home Affairs
(disseminating findings of NRA to units under their management)
Relevant ministries and
central authorities
March, 2023
B
FINANCIAL
INTELLIGENCE, ML INVESTIGATIONS AND PROSECUTIONS
I
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- Stipulate the
explicit obligation to submit TF-related suspicious transaction reports (STRs)
to SBV (Anti-Money Laundering Department - AMLD).
- Amend regulations to
address deficiencies relating to protection of information and operational
independence of the financial intelligence units.
(i) Review the
implementation of the Law on Anti-Terrorism and its guiding documents to
stipulate the obligation to file STRs related to TF.
(ii) Study and propose
amendments to the Law on Anti-Money Laundering to elaborate on protection of
information.
(iii) Study and propose
amendments to the Law on Anti-Money Laundering to ensure operational
independence of financial intelligence units.
Ministry of Public
Security presiding over the Law on Anti-Terrorism and its guiding documents
SBV presiding over the
Law on Anti-Money Laundering and its guiding documents
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March, 2023
II
Immediate Outcome 6
1
Law enforcement
agencies and other investigation authorities should improve the development
and regular use of financial intelligence and other relevant information,
both through law enforcement agencies’ own processes and intelligence
developed by AMLD to prioritize financial investigations to develop evidence
and trace criminal proceeds related to ML, associated predicate offences and
TF. Law enforcement agencies should provide feedback to AMLD on the
usefulness of intelligence.
(i) Review, develop and
amend internal processes or lay down principles to improve the development
and regular use of financial intelligence and other relevant information
provided by AMLD.
(ii) Law enforcement
agencies shall respond according to the extent of use of information on each
case disseminated/exchanged by SBV (AMLD).
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Ministry of Public
Security, SBV
Ministry of Finance
Supreme People’s Court
as requested
People’s Supreme
Procuracy as requested
Relevant ministries and
central authorities
March, 2023
(iii) Establish and
amend cooperation mechanisms and specific principles or establish working
teams or groups to strengthen inspection, supervision and financial
investigation of ML/TF offence and predicate offences.
Ministry of National
Defense
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SBV
Supreme People’s Court
as requested
People’s Supreme
Procuracy as requested
Relevant ministries and
central authorities
March, 2023
2
The AMLD should
significantly enhance its analytical process by improving the analytical
workflow that reflects criminal intelligence methodologies and integration of
data holdings to make connections between persons, entities, assets and
transactions. AMLD should collect sufficient financial information and
provide value-added products to law enforcement agencies. The enhancement
should cover operational and strategic analysis.
(i) Update analytical
workflow for STRs (12/2022).
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(iii) Apply GoAML to
operation of AMLD (2024 - 2025).
(iv) Issue guidance
materials to Res, especially DNFBPs (12/2022).
SBV
Relevant ministries and
central authorities
March, 2023
3
The AMLD’s financial
intelligence products should expand beyond predicates to include a focus on
ML and the movement of criminal proceeds to be more responsive to the ML risk
profile.
(i) Disseminate
financial intelligence, focus on ML offence and predicate offences at high
risk of ML.
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SBV
Other relevant
ministries and central authorities.
March, 2023
4
The AMLD should enhance
its timely access to the databases of LEAs and make greater use of platforms
to electronically exchange information, including the General Department of
Vietnam Customs. The coordination and cooperation between the AMLD and the
customs authority should be improved to share information, including
cross-border reports, and support Customs financial investigations.
(i) Make a connection
with the national population database and immigration database.
(ii) Prepare Memorandum
of Understanding/principles between the Banking Supervision Agency (AMLD) and
General Department of Vietnam Customs, Border Guard.
Ministry of National
Defense
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SBV
Ministry of Finance
March, 2023
5
Further resources
should be allocated to the AMLD and other law enforcement agencies to improve
the production and use of the financial intelligence in keeping with
Vietnam’s risk profile.
(i) Strengthen
resources to improve operational efficiency of AMLD.
(ii) Law enforcement
agencies shall supplement resources to conduct ML investigations based on
financial intelligence provided by AMLD.
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Ministry of Public
Security (presiding over (ii))
Relevant ministries and
central authorities
March, 2023
6
The AMLD and law
enforcement agencies should develop improved systems, processes and staff
capability, including adequate and relevant training to improve the quality
of analysis and financial investigations that best supports the operational
needs of LEAs to develop evidence and trace criminal proceeds related to ML,
associated predicate offences and TF.
(i) Build financial
investigation processes.
(ii) Strengthen
training courses on financial investigation.
SBV (process for
receiving, analyzing and disseminating information on suspicious
transactions)
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Relevant ministries and
central authorities
March, 2023
7
The SBV should ensure
the operational independence of the AMLD in relation to its analysis and
dissemination functions, arrangements for domestic and international
cooperation and ability to obtain and deploy resources.
Study and amend the Law
on Anti-Money Laundering and its guiding documents to ensure operational
independence of AMLD.
SBV
Relevant ministries and
central authorities
March, 2023
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8
Cooperation and
exchange of information and financial intelligence between the AMLD and other
competent authorities should be enhanced to support their operational needs.
Protected and secure channels for dissemination between the AMLD and other
authorities should be developed and used to protect sensitive information.
Build channels for exchange
and principles of sharing between AMLD and relevant competent authorities and
organize the implementation thereof.
SBV
Relevant ministries and
central authorities.
March, 2023
III
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Amend regulations of
law so that:
- The ML offence covers
all forms of transfer and conversion of proceeds of crime.
- The ML offence
extends to property that indirectly represents the proceeds of crime.
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- Criminal liability of
juridical person applies on all designated categories of predicate offences
and to all forms of juridical persons.
Study and propose
amendments to the regulations of Article 76, Article 300, Article 324 and
related Articles and clauses (if any) under the Criminal Code.
Ministry of Justice
Relevant ministries and
central authorities.
March, 2023
IV
Immediate Outcome 7
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1
Clear national policies
should be developed to raise awareness for all law enforcement agencies and
prosecution authorities to prioritize and conduct ML investigations and
prosecutions both in parallel to predicate offences and for stand-alone ML,
in accordance with Vietnam’s risk profile. The Ministry of Public Security
and other law enforcement agencies should demonstrate the prioritization.
Formulate/organize the
implementation of national policies on raising awareness for all law
enforcement agencies in relation to risk-based investigation and prosecution
of ML offence.
Ministry of Public
Security
SBV
Ministry of Finance
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Supreme People’s Court
as requested
March, 2023
2
Develop and implement
ML investigation policies and procedures for each LEA with a focus on ML
associated with key risks. This should include ML investigation training and
the establishment of specialist ML teams focusing on parallel investigations
for the high-risk proceeds generating offences.
(i) Issue policies and
procedures for ML investigation focusing on high-risk predicate offences.
(ii) Provide training
courses on ML investigation.
(ii) Conduct a wide
range of ML investigations including general investigations of high-risk
predicate crimes, transnational crimes, complex cases and self-ML cases and
third party ML.
Ministry of Public
Security
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March, 2023
3
Support better
awareness and understanding of LEAs and prioritize the targeting of third
party money laundering and using ML investigations to identify and target
networks at the profit taking level of crime.
Provide training
courses on investigation, prosecution and adjudication of ML offence to
improve understanding of investigation, prosecution and adjudication offence,
including third party ML and organized crimes.
Ministry of Public
Security
SBV
Ministry of Finance
People’s Supreme
Procuracy as requested
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March, 2023
4
Build capacity across
agencies to ensure that investigators and prosecutors are adequately
resourced and trained to identify, investigate and prosecute ML activities
possibly through establishing taskforces or similar arrangements for several
competent authorities to jointly investigate ML, where appropriate.
(i) Prioritize
selection of experienced officials having participated in multilateral
assessment teams or officials assigned to cooperate in performing post-AMG
multilateral assessment tasks at units to establish specialized teams within
the Ministry of Public Security and People’s Supreme Procuracy.
(ii) Establish a
cooperation mechanism between the Ministry of Public Security and People’s
Supreme Procuracy, AMLD.
(ii) Organize training
programs to build capacity of investigators and prosecutors.
Ministry of Public
Security
People’s Supreme
Procuracy as requested
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March, 2023
5
The Ministry of Public
Security should enhance information exchange and investigation cooperation
channels with the General Department of Vietnam Customs to effectively
address cross border crimes and associated ML.
Promote the
implementation of the cooperation mechanism between the Ministry of Public
Security and the Ministry of Finance in investigation and tackling
transnational crimes according to their functions and tasks assigned.
Ministry of Public
Security
Ministry of Finance
SBV
People’s Supreme
Procuracy as requested
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6
Continue to support
investigation of transnational ML cases with formal cooperation (Judicial
assistance).
Enhance the sending of
requests for judicial assistance abroad in relation to money laundering or
money tracking (review the implementation thereof on December 31 every year).
People’s Supreme
Procuracy as requested
Ministry of Public
Security
March, 2023
7
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Establish a cooperation
mechanism between the People’s Supreme Procuracy and Ministry of Public
Security in relation to investigation and prosecution of ML offence.
People’s Supreme
Procuracy as requested
Ministry of Public
Security
March, 2023
C
INTERNATIONAL
COOPERATION
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I
Recommendation 38
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- Provide assistance on
the basis of non-conviction based proceedings.
- Make specific
arrangements for coordinating seizure or confiscation.
- Establish mechanisms
for managing, and when necessary disposing of, property frozen, seized or
confiscated in response to judicial assistance requests.
(i) Study the
feasibility of a mechanism for non-conviction-based asset forfeiture in
Vietnam.
(ii) Review
arrangements for coordinating seizure or distrain.
Ministry of Justice
(for (i))
Ministry of Public
Security (for (ii))
People’s Supreme
Procuracy as requested
Supreme People’s Court
as requested
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Ministry of National
Defense
March, 2023
II
Immediate Outcome 2
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1
Vietnam should
prioritize international cooperation at national and agency levels in keeping
with the priorities. This should be supported by increased resources with the
central authority and other implementing agencies to manage the workload of
incoming and outgoing requests and development of further international MOUs.
Training and capacity building on making and processing requests for
international cooperation should be provided to all staff.
(i) Identify countries
posing risks of ML and predicate offences to Vietnam to strengthen formal and
informal cooperation.
(ii) Increase capacity
of officials in charge of judicial assistance and extradition.
(iii) Sign Agreements
on Judicial Assistance and Extradition with other countries.
People’s Supreme
Procuracy as requested
Ministry of Public
Security
SBV
Ministry of Foreign
Affairs
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2
Vietnam should
proactively seek both formal and informal international cooperation in
relation to ML in line with its risk profile including MLA to support asset
restraint and confiscations as well as ML prosecutions.
(i) Strengthen the
sending of requests in relation to judicial assistance in criminal matters,
extradition and provision of financial intelligence to support asset
restraint and confiscations as well as ML prosecutions.
(ii) Strengthen
information sharing between the General Department of Vietnam Customs and
foreign customs authorities in relation to ML and predicate offences at high
risk of ML.
SBV
Ministry of Public
Security
Ministry of Finance
(according to its functions and tasks assigned)
People’s Supreme
Procuracy as requested
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March, 2023
3
The AMLD should enhance
mechanisms for effective international cooperation, including prioritizing
use of foreign information in its analysis work by pursuing Egmont membership
and entering into MOUs with the broadest possible range of foreign financial
intelligence units to ensure it is able to provide and receive timely
cooperation from foreign counterparts in keeping with the risks.
(i) Submit official
application forms for Egmont membership.
(ii) Strengthen signing
of MOUs with foreign financial intelligence units.
SBV
March, 2023
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4
Financial supervisors
should proactively cooperate with foreign counterparts on AML/CFT, including
exchanging information on fit and proper testing, risk factors and
supervisory planning, and conducting joint supervision and sharing of
inspection reports, where appropriate. This may require amendment of current
MOUs.
(i) Increase the
quantity of sent requests for AML/CFT related to the fit and proper testing,
risk factors, and supervisory planning with foreign supervisors.
(ii) Conduct AML/CFT
supervision (in cooperation with foreign supervisors where necessary) or
share supervision reports.
SBV
Ministry of Finance
Relevant ministries and
central authorities
March, 2023
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Competent authorities,
including AMLD, SBV and Ministry of Public Security, should spontaneously
provide information and intelligence on potential ML, predicate offences and
TF to foreign counterparts.
Provide information and
share intelligence on ML/TF to foreign counterparts in line with Vietnam’s
laws.
People’s Supreme
Procuracy as requested
Ministry of Public
Security
SBV
Relevant ministries and
central authorities
March, 2023
6
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Provide information
according to the requirements of the foreign competent authorities in relation
to requests for judicial assistance in line with Vietnam’s laws and
procedures.
People’s Supreme
Procuracy as requested
Ministry of Public
Security
SBV
Relevant ministries and
central authorities
March, 2023
7
Vietnam should
continuously provide training to investigators and prosecutors on formal and
informal channels of international cooperation.
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People’s Supreme
Procuracy as requested
Supreme People’s
Court as requested
Ministry of National
Defense
Ministry of Public
Security
SBV, Ministry of
Finance
March, 2023
D
TERRORIST FINANCING
- TARGETED FINANCIAL SANCTIONS (TFS) AND NON-PROFIT ORGANIZATIONS (NPO)
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I
Recommendation 5
Criminalize financing
terrorist acts, including financing the travel of foreign fighters.
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- Adjust penalties for
corporate legal entities to make them proportionate and dissuasive.
- Ensure ancillary
offences of preparation and attempt do not apply to financing terrorist acts.
Study and propose
amendments to the Criminal Code with respect to relevant contents.
Ministry of Justice
Relevant ministries and
central authorities
March, 2023
II
Recommendation 6
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- Supplement a
regulation stipulating an evidentiary standard of proof when deciding whether
or not to make a proposal for designation.
- Supplement a
regulation stipulating that entities owned or controlled, or persons acting
on behalf of or at the direction of designated persons and entities can be
domestically designated.
- Articulate the
evidentiary standard of proof of “reasonable grounds” or “reasonable basis”
in law.
- Supplement a
regulation stipulating the obligation to freeze without delay and without
prior notice, ensuring that it applies to all natural and juridical persons.
Establish penalties for
non-compliance with freezing obligations and prohibitions (TFS) obligations
which must be dissuasive.
Study and propose
amendments to Decree No. 122/2013/ND-CP dated October 11, 2013.
Ministry of Public
Security
Relevant ministries and
central authorities
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(i) Issue an Official
Dispatch promptly to REs to notify the inclusion in and removal from the list
of designations or provide the function of automatic updating on the web
portal of the Ministry of Public Security to automatically notify all natural
and juridical persons.
(ii) Issue guidance on
freezing/unfreezing.
(iii) Issue publicly
known procedure dealing with for false positives.
Ministry of Public
Security
Relevant ministries and
central authorities
March, 2023
III
...
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1
Amend freezing
obligation in Decree No. 122/2013/ND-CP dated October 11, 2013 to require
freezing by all natural and juridical persons without delay and without prior
notice.
Amend Decree No.
122/2013/ND-CP dated October 11, 2013.
Ministry of Public
Security
Relevant ministries and
central authorities
March, 2023
2
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Formulate Decrees on
imposing administrative sanctions in respect of industries and sectors,
including penalties for non-compliance with TFS obligations which must be
dissuasive.
SBV
Ministry of Finance
Ministry of
Construction
Ministry of Justice and
relevant ministries and central authorities (according to their function of
management of each sector)
Relevant ministries and
central authorities
March, 2023
3
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Notify REs without
delay of the inclusion in and removal from the list of designations or
provide the function of automatic updating on the web portal of the Ministry
of Public Security to automatically notify all natural and juridical persons.
Ministry of Public
Security
Relevant ministries and
central authorities
March, 2023
4
Initiate in-person and
periodic outreach to NBFIs and DNFBPs on UNSCR obligations. The outreach
should be tailored and followed up with a requirement for entities to report
on what they have done to ensure implementation of TFS obligations.
Organize training
courses or issue an Official Dispatch on TFS obligations of REs in relation
to UNSCR.
Ministry of Public
Security
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March, 2023
5
Based on the recent NPO
risk assessment, sustain outreach to NPOs that are assessed as having a
higher level of risk for TF abuse, apply risk-based measures to these NPOs,
and collaboratively develop best practices to address TF risk in Vietnam’s
context.
Conduct NPO inspection,
examination and supervision and provide higher-risk NPO supervision reports.
Ministry of Home
Affairs
Ministry of Public
Security
Ministry of Foreign
Affairs
Ministry of Science and
Technology
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DD
FINANCING OF
PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
I
Recommendation 7
- Ensure that TFS-PF
framework is not fully implemented at the conclusion of the on-site, freezing
obligations are enforceable and enforceable prohibition applies directly to
persons or entities.
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- Issue guidance on
freezing and unfreezing.
- There should be
civil, administrative or criminal penalties for failure to comply with TFS-PF
TF obligations.
- Establish publicly
known procedures for de-listing requests or false positives.
(i) Issue regulations
on imposing administrative sanctions CPF for relevant sectors.
(ii) Issue documents
providing instructions for REs on discharging TFS-PF obligations.
Ministry of National
Defense
SBV
Ministry of Finance
Ministry of
Construction
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Relevant ministries and
central authorities
March, 2023
II
Immediate Outcome 11
1
Amend legal frameworks
to ensure full enforceability of TFS, including introducing dissuasive
sanctions for non-compliance with PF TFS obligations.
Study and propose
amendments to the Criminal Code for additions to the group of PF-related
crimes.
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Relevant ministries and
central authorities
March, 2023
2
Prioritize effective
implementation of the new PF TFS regime, including building understanding and
capacity within Ministry of National Defense as the focal point and
supervisor, and by establishing effective communication and collaboration
mechanisms with other competent authorities.
(i) Establish hotlines
and online/offline channels for information exchange.
(ii) Allocate
additional resources to the Ministry of National Defense for performance of
PF tasks.
(iii) Organize training
courses and disseminate the Decree No. 81/2019/ND-CP (statistical data
collected before December 31 every year).
Ministry of National
Defense
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March, 2023
3
Initiate in-person and
periodic outreach to non-bank FIs and DNFBPs on their legal obligations to
implement TFS related to PF pursuant to the new Decree and issue guidance on
possible sanctions evasion in the Vietnam context to guide vigilance and
implementation. The outreach should be tailored and followed up with a
requirement for entities to report on what they have done to ensure
implementation of TFS obligations.
Organize training
courses or issue an Official Dispatch notifying REs' obligations in relation
to their performance of UNSCR obligations.
Ministry of National
Defense
Relevant ministries and
central authorities
March, 2023
...
...
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Implement a
standardized and prompt communications mechanism for notifying all sectors of
updates to UNSCR designations.
Establish communications
mechanism (hotline/website) to update UNSCR sanctions.
Ministry of National
Defense
Ministry of Foreign
Affairs
Relevant ministries and
central authorities
March, 2023
5
Establish and implement
the mechanism for monitoring financial institutions, DNFBPs, and virtual
asset service providers (VASPs) for compliance with TFS obligations
established by Decree No. 81/2019 dated November 11, 2019 and apply penalties
for TFS violations.
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(ii) Keep track of data
on supervision and inspection of the implementation of the Decree No.
81/2019/ND-CP and imposition of administrative sanctions for TFS.
Ministry of National
Defense
Relevant ministries and
central authorities
March, 2023
6
Pursue the
identification of PF-related funds and assets, and review whether there are
impediments to identifying such assets in Vietnam.
Review, study, issue
and amend regulations on identification of PF-related funds and assets and
impediments (if any).
Ministry of National
Defense
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March, 2023
7
Conduct investigations
into UN sanctions evasion activity in Vietnam’s jurisdiction in order to
identify any designated entities or individuals involved in order to
implement TFS, if necessary.
Keep track of the
number of PF-related investigations in Vietnam.
Ministry of National
Defense
Ministry of Public
Security
Relevant ministries and
central authorities
March, 2023
...
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E
AML/CFT REGULATIONS
AND SUPERVISION
I
Recommendation 10
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Amend regulations of
law to make sure that the following are in place:
- Requirements for FIs
to identify and verify persons who act on behalf of a customer.
- Specific requirements
for FIs to perform enhanced due diligence (CDD) on high-risk situations.
- Obligations for FIs
to take risk control measures or report STRs when they are unable to comply
with relevant CDD measures.
- Obligations for FIs
not to open account, commence business relations or preform the transactions,
or terminate the business relationship when CDD cannot be completed.
- Requirements for FIs
to perform on-going due diligence.
- Identification and
verification for designated beneficiaries of life insurance or other
investment-related insurance policies.
- Detailing when and
how the criteria for beneficial ownership (BO) identification apply.
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Study and propose
amendments to the Law on Anti-Money Laundering.
SBV
Relevant ministries and
central authorities
March, 2023
II
Recommendation 11
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Amend regulations of
law to make sure that the following are in place:
- Specific requirement
of retaining all records obtained from CDD measures, all results of any
analysis undertaken and business correspondence.
- Requirement for REs
to provide information to authorized agencies “swiftly”.
- Specific requirements
to keep transaction records and other relevant information sufficient to
permit reconstruction of individual transactions.
Study and propose
amendments to the Law on Anti-Money Laundering.
SBV
...
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March, 2023
III
Recommendation 20
Amend regulations of
law to make sure that the following are in place:
- Explicit and
enforceable requirement for reporting entities to file STRs related to TF to
AMLD.
- Other reporting
obligations related to TF as requested.
...
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Ministry of Public
Security
Relevant ministries and
central authorities
March, 2023
IV
Recommendations
12-19, 21, 22, 23
1
Recommendation 12 -
Politically exposed persons (PEP)
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SBV
Relevant ministries and
central authorities in cooperation.
March, 2023
2
Recommendation 13 -
Correspondent banking
3
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4
Recommendation 15 - New
technologies
5
Recommendation 16 -
Wire transfers
6
Recommendation 17 -
Reliance on third parties
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Recommendation 18 -
Internal controls
8
Recommendation 19 -
Higher-risk countries
9
Recommendation 21 -
Tipping-off and confidentiality
10
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11
Recommendation 23 -
DNFBPs: Other measures
V
Immediate Outcome 4
1
Address the gaps in
technical compliance in relation to preventive measures especially on CDD,
PEPs, wire transfers, STRs and new technologies including requirements on
virtual assets and VASPs. Ensure that all requirements are also extended to
TF.
...
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SBV (presiding over
contents related to the Law on Anti-Money Laundering)
Relevant ministries and
central authorities
March, 2023
2
Ensure the shift to a
risk-based approach by supporting FIs’ and DNFBPs’ understanding of ML/TF
risks and AML/CFT obligations, including through outreach and guidance
(general and sector specific) for all the areas of preventive measures and
targeted risk-based supervision. A key focus is needed on risk assessment
(enterprise-wide risk assessment and customer risk profiling), CDD,
record-keeping, on-going monitoring, enhanced and specific measures, STRs
reporting and internal controls.
(i) Strengthen training
courses and instruct REs in the AML/CFT/CPF obligations and carry out risk
assessment at entities to apply risk-based preventive measures.
(ii) Promote the
supervision and inspection of the fulfillment of AML/CFT/CPF obligations by
Res.
SBV presiding over (i)
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Ministry of Finance
Ministry of
Construction
Ministry of Justice
Ministry of Home
Affairs (presiding over (ii) according to its function of state management of
each sector)
Ministry of Public
Security
Ministry of National
Defense
March, 2023
3
...
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(i) Strengthen
provision of guidance, build channels for information dissemination,
training, prompt communications mechanism.
(ii) Build and share
information on annual typologies to provide the latest ML/TF trends and
typologies to REs.
SBV
Relevant ministries and
central authorities
March, 2023
4
Apply enhanced AML/CFT
measures such as enhanced monitoring of customers on higher risk areas
including those identified under the NRA, and consider to apply simplified
measures in lower risk areas.
Strengthen the
formulation of risk-based inspection, examination and supervision plans to be
appropriate to the level of national risks.
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Ministry of Finance
Ministry of
Construction
Ministry of Justice
Ministry of Home
Affairs
(according to its
function of management of each sector)
March, 2023
VI
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1
Recommendation 26 -
Regulation, inspection, examination and supervision of financial
institutions.
Study and propose
amendments to the Law on Anti-Money Laundering and other related legislative
documents.
SBV
Relevant ministries and
central authorities
March, 2023
2
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3
Recommendation 28 -
Regulation, inspection, examination and supervision of DNFBPs.
4
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SBV
Ministry of Finance
Ministry of
Construction
Ministry of Justice
Ministry of Home
Affairs
(according to its
function of management of each sector)
Relevant ministries and
central authorities
March, 2023
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Immediate Outcome 3
1
Develop and implement a
risk-based supervision strategy that sets out the priorities and methodology
of both off-site and on-site AML/CFT supervision for all regulated FIs,
DNFBPs and VASPs, with priority implementation (scope, frequency and
intensity) based on risk and context.
Study and carry out
risk-based inspection and supervision of AML.
SBV
Ministry of Finance
Ministry of Home
Affairs
Ministry of
Construction
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Ministry of Planning
and Investment
Ministry of Justice
(according to its
function of management of each sector)
Relevant ministries and
central authorities
March, 2023
2
Conduct more thorough
and comprehensive offsite and on-site AML/CFT supervision and examination
among all regulated sectors based on AML/CFT risks.
Formulate annual
inspection and examination plans and conduct on-site inspection based on
assessment of level of AML/CFT risks.
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Ministry of Finance
Ministry of
Construction
Ministry of Justice
Ministry of Home
Affairs
Ministry of Information
and Communications (according to its function of management of each sector)
Relevant ministries and
central authorities
March, 2023
3
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(i) Amend regulations
relating to licensing conditions, procedures and sequence.
(ii) Build an
enterprise licensing process.
SBV
Ministry of Finance
Ministry of
Construction
Ministry of Justice
Ministry of Home
Affairs
Ministry of Information
and Communications (according to its function of management of each sector)
Relevant ministries and
central authorities
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4
AML/CFT agencies should
conduct comprehensive outreach programs to improve compliance and awareness
of ML/TF risks and obligations including preventive measures.
(i) Disseminate
information to units responsible for AML inspection of ministries and central
authorities.
(ii) Organize in-depth
and thematic training courses for REs.
SBV
Relevant ministries and
central authorities
March, 2023
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Implement a clear
enforcement strategy to strengthen the compliance and effectiveness of REs’
AML/CFT controls whilst imposing effective, proportionate and dissuasive
sanctions.
(i) Complete legal
bases for administrative sanctions for AML.
(ii) Improve
effectiveness of inspection and supervision of violations and application of
appropriate sanctions.
SBV
Ministry of Finance
Ministry of
Construction
Ministry of Justice
Ministry of Public
Security
Ministry of Home
Affairs
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March, 2023
6
Extend responsibilities
and powers of AML inspection and supervision agencies to cover CFT
requirements noting that comprehensive CFT requirements are still to be
introduced (as per Intermediate Outcome 4).
Study and propose
amendments to legislative documents specifying responsibility for inspection
with respect to TF.
Ministry of Public
Security
Relevant ministries and
central authorities
March, 2023
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7
Enhance training,
systems and capacity of AML/CFT risk-based inspection, examination and
supervision agencies (including examinations).
Organize training
courses (statistical data collected until December 31 every year).
SBV
Relevant ministries and
central authorities
March, 2023
G
TRANSPARENCY OF
JURIDICAL PERSONS AND LEGAL ARRANGEMENTS
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I
Recommendations 24,
25 - Transparency and beneficial ownership of juridical persons and legal
arrangements
Make publicly available
information regarding creation and types of non-commercial juridical persons.
Publicize information
regarding creation of associations, funds and religious organizations.
Ministry of Home
Affairs
Relevant ministries and
central authorities
...
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II
Immediate Outcome 5
1
The information on the
creation and types of non-commercial juridical persons should be made
publicly available as well as information regarding the recognition of
foreign legal arrangements.
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Committee for Foreign
Non-governmental Organization Affairs
March, 2023
2
Vietnam should develop
a more comprehensive understanding of the features of different types of
juridical persons that make them vulnerable to ML/TF abuse to address the
deficiencies identified in relation to their recent risk assessment. In doing
so, Vietnam should consult with the private sector and seek their input.
Update risk assessments
of juridical persons and NPOs.
Ministry of Public
Security (for NPOs)
Ministry of Planning
and Investment (for juridical persons)
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March, 2023
3
Vietnam should extend
BO requirements to all juridical persons and to foreign legal arrangements
when recognized.
(i) Study and amend the
Law on Anti-Money Laundering requiring juridical persons and legal
arrangements to collect, store and update information on BO.
(ii) Establish a
mechanism and take steps to collect, store, and update BO information during
the process of granting business registration to unlisted enterprises
established and operating under the provisions of the Law on Enterprises
(entities established and operating under the provisions of specialized laws
will be managed by the agencies managing these entities).
(iii) Establish a
mechanism and take steps to collect, store and update BO information of
listed enterprises.
SBV presiding over (i)
Ministry of Planning
and Investment presiding over (ii)
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Relevant ministries and
central authorities
March, 2023
4
Vietnam should conduct
training and awareness raising for competent authorities to improve
understanding of the concept of BO and the results of the risk assessment on
juridical persons as well as steps to be taken to obtain available BO
information.
Organize
coaching/training sessions to improve awareness and understanding of
competent authorities related to BO.
Ministry of Planning
and Investment
SBV
Ministry of Finance
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Ministry of Justice
Ministry of Public
Security, relevant ministries and central authorities
March, 2023
5
Vietnam should
implement the risk mitigation action plan defined in the risk assessment
report of juridical persons to prevent the misuse of all juridical persons
for ML/TF, in particular improving the effectiveness of inspection and
information sharing.
(i) Implement the
action plan defined in the risk assessment report of juridical persons.
(ii) Ministries and
central authorities shall examine, inspect and supervise activities of
juridical persons under their management and introduce sanctions (if any).
Ministry of Planning
and Investment
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Committee for Foreign
Non-governmental Organization Affairs
Ministry of Justice
Relevant ministries and
central authorities
March, 2023
6
Vietnam should
introduce measures to prevent the misuse of foreign trusts with a presence in
Vietnam, including requiring trustees to disclose their status to FIs and
DNFBPs.
Study and propose
amendments to the Law on Anti-Money Laundering to ensure transparency of
information on legal arrangements, including requiring trustees to disclose
their status to FIs and DNFBPs when establishing a relationship.
SBV
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Relevant ministries and
central authorities
March, 2023