Recently, the Council of Judges of the Supreme People's Court has issued Resolution 03/2019/NQ-HDTP providing guidance on the application of Article 324 of the Criminal Code regarding the crime of money laundering.
Resolution providing detailed guidance on the predicate offenses of Money Laundering is as follows:
- Predicate offense is the offense stipulated in the Criminal Code, and the assets obtained from such offenses become the subject of money laundering offenses (e.g., Murder; Intentional Infliction of Injury or Harm to the Health of Others;...);- The act of committing a predicate offense can be perpetrated by Vietnamese citizens, Vietnamese commercial legal entities, stateless persons permanently residing in Vietnam, either within or outside the territory of Vietnam;- The act of offense committed outside the territory of Vietnam, by foreign citizens and foreign commercial legal entities, where the Vietnamese Criminal Code, national law, and the law of the specific region define as an offense, is also considered a predicate offense.
Refer to the full guidance at Resolution 03/2019/NQ-HDTP, effective from July 7, 2019.
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