On March 31, 2023, the Ministry of Public Security, the Supreme People's Procuracy, the Supreme People's Court issued Joint Circular 02/2023/TTLT-BCA-VKSNDTC- TANDTC stipulating coordination in information exchange in the investigation, prosecution and trial of money laundering and terrorism financing in Vietnam.
Article table of contents
Principles of coordination in information exchange in the investigation, prosecution and trial of money laundering and terrorism financing in Vietnam
- 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 state secrets and work secrets according to the provisions of law and regulations of each agency.
- The exchange of information and coordination in the conduct of proceedings for the crimes of money laundering and terrorism financing must comply with the provisions of the Criminal Procedure Code 2015 (amended in 2021), joint legal documents currently in force, and the regulations of Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC.
Coordination in information exchange in the investigation, prosecution and trial of money laundering and terrorism financing in Vietnam (Internet image)
The scope of information exchange in the investigation, prosecution, and trial of money laundering and terrorism financing in Vietnam
- During the investigation phase:
+ Competence to investigate criminal cases (for cases with jurisdictional disputes);
+ Merge and separate criminal cases;
+ Matters to be proved in criminal cases;
+ The proof of cash flow;
+ Evidence;
+ Property assessment and valuation; 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;
+ Temporarily suspending the investigation of the case, temporarily suspending the investigation of the accused;
+ Distraint assets, freeze accounts, and temporarily seize objects and documents;
+ The application of measures to handle material evidence and other information during the investigation stage that competent procedure-conducting agencies consider necessary to exchange.
- During the prosecution phase:
+ Merging and separating criminal cases in the prosecution stage;
+ Deciding to transfer the case to prosecution according to its competence;
+ Decision to prosecute; decide to return additional investigation dossiers;
+ Suspending the criminal case; suspending the accused; temporarily suspending the case; temporarily suspending the accused;
+ Restoring the case and other information that the competent procedural authorities consider necessary to exchange.
- During the trial period:
+ Transfering the case to trial, handing over documents and case files;
+ Bringing the case to trial; developing a trial plan; and coordinating 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.
Forms of coordination in information exchange in the investigation, prosecution and trial of money laundering and terrorism financing in Vietnam
- Direct exchange: Organizing interdisciplinary meetings according to the levels of interdisciplinary experts or leaders, establishing interdisciplinary working groups and delegations to provide guidance or other forms of direct coordination to serve the investigation, prosecution, and trial of money laundering and terrorism financing crimes.
- Indirect exchange: Exchanging and providing 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.
