What are the principles and purposes of coordination of information exchange in the investigation, prosecution and trial of money laundering and terrorist financing in Vietnam?
- What acts are prohibited in the coordination of information exchange in the investigation, prosecution and trial of money laundering and terrorist financing in Vietnam?
- What are the principles and purposes of coordination of information exchange in the investigation, prosecution and trial of money laundering and terrorist financing in Vietnam?
- What are the responsibilities of the Ministry of Public Security of Vietnam in coordination of information exchange in investigation, prosecution and trial of crimes of money laundering and terrorist financing?
What acts are prohibited in the coordination of information exchange in the investigation, prosecution and trial of money laundering and terrorist financing in Vietnam?
Article 5 of Joint Circular No. 02/2023/TTLT-BCA-VKSNDTC-TANDTC has the following provisions:
Prohibited acts
1. Illegally collecting and disclosing information about the situation and results of investigation, prosecution and trial of money laundering and terrorist financing crimes or taking advantage to illegally collect and provide personal information, other information that is not within the scope of investigation, prosecution and trial of money laundering and terrorist financing.
2. Using personal information, agencies, organizations or other information that is not within the scope of investigation, prosecution or trial for money laundering and terrorist financing for personal purposes or for other purposes not within the scope of investigating, prosecuting and adjudicating money laundering and terrorist financing.
Thus, in the coordination of information exchange in the investigation, prosecution and trial of money laundering and terrorist financing, the prohibited acts include:
- Illegally collecting and disclosing information about the situation and results of investigation, prosecution and trial of money laundering and terrorist financing crimes or taking advantage to illegally collect and provide personal information, information other information that is not within the scope of the investigation, prosecution and trial of money laundering and terrorist financing.
- Using personal information, agencies, organizations or other information that is not within the scope of investigation, prosecution or trial for money laundering and terrorist financing for personal purposes or for other purposes not within the scope of investigating, prosecuting and adjudicating money laundering and terrorist financing.
What are the principles and purposes of coordination of information exchange in the investigation, prosecution and trial of money laundering and terrorist financing in Vietnam?
What are the principles and purposes of coordination of information exchange in the investigation, prosecution and trial of money laundering and terrorist financing in Vietnam?
Regarding the principles of coordination, Article 4 of Joint Circular No. 02/2023/TTLT-BCA-VKSNDTC-TANDTC has the following provisions:
Principles of coordination
1. To strictly comply with the functions, tasks and powers of each agency competent to conduct legal proceedings in accordance with law.
2. It is carried out regularly, ensuring timely capture of information, contributing to lawful coordination in solving the case.
3. To ensure state secrets and work secrets as prescribed by law and regulations of each agency.
4. The exchange of information and coordination in the conduct of proceedings for the crime of money laundering and the crime of terrorist financing must comply with the provisions of the 2015 Criminal Procedure Code (amended and supplemented in 2021), the effective joint legal documents and the provisions of this Circular.
Accordingly, the coordination and exchange of information in the investigation, prosecution and trial of money laundering and terrorist financing crimes are carried out according to the four principles mentioned above.
For the purposes of coordination, according to Article 3 of the Joint Circular No. 02/2023/TTLT-BCA-VKSNDTC-TANDTC as follows:
Coordination purposes
1. To ensure the timely coordination and direction of the competent procedure-conducting agencies from central to local levels, to promptly remove difficulties and obstacles in investigation, prosecution and trial of money laundering and terrorist financing crimes
2. Strengthening responsibility and efficiency in performing assigned tasks of competent procedure-conducting agencies in exchanging information for the investigation, prosecution and trial of money laundering and terrorist financing crimes.
Thus, the competent procedure-conducting agencies of the People's Public Security, People's Procuracy, and People's Court cooperate in exchanging information on investigation, prosecution and trial of money laundering and terrorist financing crimes for the above two main purposes.
What are the responsibilities of the Ministry of Public Security of Vietnam in coordination of information exchange in investigation, prosecution and trial of crimes of money laundering and terrorist financing?
Pursuant to Article 13 of Joint Circular No. 02/2023/TTLT-BCA-VKSNDTC-TANDTC as follows:
Responsibilities of the Ministry of Public Security of Vietnam
1. Annually, develop and organize the implementation of the Program and Plan for coordination in the investigation, prosecution and trial of money laundering and terrorist financing crimes according to the functions and tasks of the Ministry of Public Security of Vietnam.
2. Annually, assume the prime responsibility for, and coordinate with the Supreme People's Procuracy, the Supreme People's Court in organizing inter-sectoral meetings with the participation of relevant ministries and branches to assess the situation of money laundering prevention and combat and terrorist financing, results of implementation of the Joint Circular, solving difficulties and obstacles, proposing solutions to improve the quality and efficiency of investigation, prosecution and trial of money laundering and terrorism financing crimes.
3. Coordinating with the Supreme People's Procuracy and the Supreme People's Court in reviewing, formulating and promulgating documents related to law enforcement in investigating, prosecuting and adjudicating money laundering crimes and terrorism financing in accordance with the order, procedures and provisions of law.
4. Cooperate with the Supreme People's Procuracy in guiding and directing to remove difficulties and obstacles of the investigating agency in the People's Public Security during the investigation of money laundering and terrorist financing. The superior police investigation agency is responsible for providing professional and legal guidance, promptly receiving information and responding to requests from the inferior investigating agency to ensure that the settlement process complies with regulations of the law.
5. Organize preliminary review, summary, and experience in investigating money laundering and terrorist financing crimes; directing the development of Processes and guidelines for the implementation of the Joint Circular in the People's Public Security.
Thus, in coordinating the exchange of information in the investigation, prosecution and trial of money laundering and terrorist financing, the Ministry of Public Security of Vietnam has the above main responsibilities.
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