Which acts are strictly prohibited in the investigation, prosecution, and trial of crimes of money laundering and terrorist financing in Vietnam?

Which acts are strictly prohibited in the investigation, prosecution, and trial of crimes of money laundering and terrorist financing in Vietnam?

Pursuant to Article 5 of the Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC stipulating prohibited acts in the investigation, prosecution, and trial of crimes of money laundering and terrorist financing in Vietnam as follows:

- Illegally collecting and disclosing information about the situation and results of investigation, prosecution, and trial for money laundering and terrorist financing crimes or taking advantage to illegally collect and provide personal information and other information that is not within the scope of investigation, prosecution, and trial of money laundering and terrorist financing crimes.

- Using personal information, agencies, organizations or other information that is not within the scope of investigation, prosecution and trial of money laundering and terrorist financing crimes for personal purposes or other purposes not within the scope of investigation, prosecution, and trial of money laundering and terrorist financing crimes.

What are forms of information exchange in the investigation, prosecution, and trial of crimes of money laundering and terrorist financing in Vietnam?

Pursuant to Article 8 of the Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC stipulating two forms of coordination as follows:

Form of coordination

1. Direct exchange: Organize interdisciplinary meetings at levels of experts or interdisciplinary leaders, establish interdisciplinary working groups and delegations to guide or other forms of direct coordination to serve the investigation, prosecution, and trial of money laundering and terrorist financing crimes.

2. Indirect exchange: Exchange and provide information through documents, electronic communications and other forms of indirect coordination.

Thus, the coordination of information exchange in the investigation, prosecution, and trial of money laundering and terrorist financing crimes includes two forms: direct exchange and indirect exchange.

What are responsibilities of the Supreme People's Procuracy of Vietnam for coordinating and exchanging information in case of receiving a criminal judicial mandate from a foreign country on money laundering and terrorist financing crimes?

Pursuant to Article 10 of the Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC stipulating coordination and exchange of information in preparing, sending, and receiving criminal legal assistance documents as follows:

Coordinate information exchange in preparing, sending and receiving criminal legal assistance documents

1. In the process of preparing criminal legal assistance documents related to money laundering and terrorist financing crimes, the investigation agency coordinates with the Procuracy at the same level to proactively exchange information with functional agencies of the Supreme People's Procuracy to comply with regulations. In case of difficulties or problems in the process of preparing criminal legal assistance documents, the Investigation Agency will exchange information with functional units of the Supreme People's Procuracy for guidance and resolution.

2. Authorities of the Supreme People's Procuracy coordinate to resolve requests for criminal judicial authorization for money laundering and terrorist financing crimes, no later than 10 days from receipt of the request. Mutual legal assistance in criminal matters, information on the results of transfer of mutual legal assistance files in criminal matters to the coordinating focal points of the countries for the Investigation Agency. In case additional records and documents are needed, the functional agencies of the Supreme People's Procuracy will immediately discuss them for the investigation agency to carry out.

3. No later than 05 days from the date of receiving the response to the request for criminal legal assistance from other countries on money laundering and terrorist financing, the competent authority of the Supreme People's Procuracy must be discussed and transferred to the Investigation Agency upon request.

4. When receiving foreign criminal legal mandates for money laundering and terrorist financing, the Supreme People's Procuracy shall discuss and coordinate with the Ministry of Public Security to evaluate the acceptance and implementation, postpone or refuse to accept. In case of deciding to implement, no later than 10 days from the date of receiving the foreign criminal legal mandate request, the Supreme People's Procuracy will discuss and transfer it to the Ministry of Public Security to assign the agency to the agency. Investigators have the authority to investigate and resolve cases according to the provisions of law. The Supreme People's Procuracy coordinates with the Ministry of Public Security to resolve difficulties and obstacles in implementing foreign criminal legal mandate requests.

Thus, in case of receiving a foreign criminal judicial mandate for money laundering and terrorist financing, the Supreme People's Procuracy shall discuss and coordinate with the Ministry of Public Security to evaluate the acceptance and implementation, postpone or refuse admission.

In case of decision to implement, no later than 10 days from receipt of the foreign criminal legal mandate request, the Supreme People's Procuracy discussed and transferred the matter to the Ministry of Public Security to assign an investigation agency with authority to investigate and resolve the matter according to the provisions of law.

The Supreme People's Procuracy coordinates with the Ministry of Public Security to resolve difficulties and obstacles in implementing foreign criminal legal mandate requests.

Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC takes effect from May 25, 2023

Best regards!