What are the regulations on coordination of information exchange in investigation, prosecution and trial of crimes of money laundering in Vietnam?
- How to coordinate information exchange in investigation and prosecution of the source criminals of money laundering and terrorist financing in Vietnam?
- How to coordinate information exchange in preparation, submission and receipt of criminal legal assistance dossiers 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?
How to coordinate information exchange in investigation and prosecution of the source criminals of money laundering and terrorist financing in Vietnam?
Pursuant to Article 9 of Joint Circular No. 02/2023/TTLT-BCA-VKSNDTC-TANDTC stipulating as follows:
Coordination of information exchange in the investigation and prosecution of the source criminals of money laundering and terrorist financing in Vietnam
1. The investigation of crimes that may be the source of money laundering in Vietnam; During the investigation of terrorism crimes, the investigating bodies must investigate, verify and clarify the signs of money laundering and terrorism financing and promptly exchange information and documents with the same-level Procuracy. At least 05 days before deciding to prosecute the case of money laundering and terrorism financing, the investigating authority shall discuss with the Procuracy of the same level for coordination.
2. In the process of exercising the right to prosecute and supervise the investigation of behavioral cases that may be the source of money laundering or terrorism crimes, the Procuracy must promptly detect and exchange information with the Agency. Investigate and request investigation to clarify signs of money laundering and terrorist financing.
3. Before ending the investigation, the investigator and the procurator must cooperate in exchanging information, reviewing and evaluating documents, evidence and the proceedings of the case, ensuring that the investigation activities comply with the order and procedures of the law. Investigators and procurators must make minutes of information exchange, assessment of evidences and documents, and keep records of each agency.
Thus, the coordination of information exchange in the investigation and prosecution of the source criminals of money laundering and terrorist financing is carried out in accordance with the above provisions.
What are the regulations on coordination of information exchange in investigation, prosecution and trial of crimes of money laundering in Vietnam?
How to coordinate information exchange in preparation, submission and receipt of criminal legal assistance dossiers in Vietnam?
The coordination of information exchange in preparation, submission and receipt of criminal legal assistance dossiers is specified in Article 10 of the Joint Circular No. 02/2023/TTLT-BCA-VKSNDTC-TANDTC as follows:
Coordination of information exchange in preparation, submission and receipt of criminal legal assistance dossiers in Vietnam
1. During the preparation of criminal legal assistance dossiers related to money laundering and terrorist financing crimes, the investigating agency shall coordinate with the Procuracy of the same level to actively exchange information with functional agencies of the Supreme People's Procuracy to comply with regulations. In case there are difficulties or problems in the process of making criminal legal assistance documents, the investigating agency shall exchange information with functional units of the Supreme People's Procuracy for guidance and settlement.
2. The functional agencies of the Supreme People's Procuracy shall coordinate in handling requests for criminal justice entrustment for money laundering and terrorism financing crimes, within 10 days after receiving the request for criminal legal assistance, information on the results of transferring the criminal mutual legal assistance dossier to the coordinating focal point of the countries for the investigating agency. In case it is necessary to supplement dossiers and documents, functional agencies of the Supreme People's Procuracy shall immediately exchange them for the investigation agency to implement.
3. Within 5 days from the date of receiving the results of the response to requests for criminal legal assistance from other countries on the crime of money laundering and terrorism financing, the functional agency of the Supreme People's Procuracy must discuss and transfer it to the investigating authority upon request.
4. When receiving foreign criminal justice entrustment for money laundering and terrorist financing crimes, the Supreme People's Procuracy shall discuss and coordinate with the Ministry of Public Security of Vietnam in assessing the receipt of implementation, postpone or refuse to accept. In case of implementation decision, within 10 days after receiving the request for judicial entrustment of criminal matters from abroad, the Supreme People's Procuracy shall exchange and transfer it to the Ministry of Public Security of Vietnam to assign the competent investigating agency to investigate and settle in accordance with law. The Supreme People's Procuracy shall coordinate with the Ministry of Public Security of Vietnam in solving difficulties and obstacles in the implementation of foreign criminal judicial mandate requests.
Thus, the coordination in exchanging information in the preparation, sending and receipt of criminal mutual legal assistance dossiers shall comply with the above provisions.
In particular, the investigating agency shall coordinate with the Procuracy of the same level to actively exchange information with functional agencies of the Supreme People's Procuracy to comply with regulations.
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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