Scope of cooperation in exchanging information in the investigation, prosecution, and trial of money laundering in Vietnam

Scope of cooperation in exchanging information in the investigation, prosecution, and trial of money laundering in Vietnam (Internet image)

Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC, dated March 31, 2023, stipulates the coordination of information exchange in the investigation, prosecution and trial of money laundering and terrorism financing.

1. Principles of coordination in information exchange in the investigation, prosecution, and adjudication of money laundering in Vietnam

The exchange of information in the investigation, prosecution, and adjudication of money laundering must ensure the principles specified in Article 4 of Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC, specifically as follows:

- Complying with the functions, tasks, and powers of each agency competent to conduct legal proceedings in accordance with law.

- It is carried out regularly, ensuring the timely capture of information, contributing to the coordination in solving the case in accordance with the law.

- Ensuring that the state secrets and work secrets are protected according to the provisions of law and regulations of each agency.

- The exchange of information, coordination in the conduct of proceedings for the crimes of money laundering and terrorist financing must comply with the provisions of the Criminal Procedure Code 2015 (amended in 2021), the joint legal documents that are in effect, and the Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC.

2. Scope of cooperation in exchanging information in the investigation, prosecution, and trial of money laundering in Vietnam

According to Article 7 of Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC, the coordination of information exchange in the investigation, prosecution, and adjudication of money laundering is carried out within the following scope:

(1) During the investigation phase: competence to investigate criminal cases (for cases with jurisdictional disputes); merging and separating criminal cases; issues to be proved in criminal cases; proof of cash flow; evidence; assessment and valuation of assets; the application or change of preventive measures;

Mutual legal assistance in criminal matters; to suspend the investigation of the case, to terminate the investigation of the accused; to temporarily suspend the investigation of the case; distrain assets, blockade accounts, seize objects and documents; and apply measures to handle material evidence and other information during the investigation stage that the competent procedure-conducting agencies consider necessary to exchange.

(2) During the prosecution stage: merge and separate criminal cases in the prosecution stage; decide to transfer the case to prosecution according to its competence; decide to prosecute; decide to return additional investigation dossiers; suspend the criminal case and suspend the accused;

Temporarily suspending the case; temporarily suspending the accused; recovering the case; and other information that the competent procedural authorities consider necessary to exchange.

(3) During the trial stage: transfer the case to trial, hand over documents and case files; bring the case to trial; develop a trial plan, and coordinate the exchange of information in organizing the protection of the trial and other information during the trial stage that the competent procedure-conducting agencies deem necessary to exchange.

3. Forms of cooperation in exchanging information in the investigation, prosecution, and trial of money laundering in Vietnam

Article 8 of Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC stipulates forms of cooperation in exchanging information in the investigation, prosecution, and trial of money laundering as follows:

- Direct exchange: organize interdisciplinary meetings according to the levels of interdisciplinary experts or leaders, establish interdisciplinary working groups and delegations to provide guidance or other forms of direct coordination for the investigation, prosecution, and trial of money laundering and terrorist financing.

- Indirect exchange: exchange and provide information through writing, electronic means of communication, and other forms of indirect coordination.

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

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