Regulations on cooperation in investigating and prosecuting the source of money laundering in Vietnam

Regulations on cooperation in investigating and prosecuting the source of money laundering in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Forms of cooperation in investigating and prosecuting money laundering in Vietnam

According to Article 8 of Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC, forms of cooperation in investigating and prosecuting money laundering include:

- Direct exchange: organize inter-sectoral meetings at different levels of interdisciplinary experts or leaders, establish inter-sectoral working groups or delegations to provide guidance or other forms of direct coordination to serve the investigation and prosecution of money laundering.

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

2. Regulations on cooperation in investigating and prosecuting the source crime of money laundering in Vietnam

The coordination of information exchange in the investigation and prosecution of the source crime of money laundering is regulated as follows:

- The process of investigating crimes that are the source of money laundering crimes:

The investigating agency must investigate, verify, and clarify the signs of money laundering and promptly exchange information and documents with the Procuracy of the same level.

At least 05 days before deciding to prosecute a money laundering case, the investigating authority shall discuss coordination with the Procuracy of the same level.

- In the process of exercising the right to prosecute and supervise the investigation of cases where behavior is the source of the crime of money laundering, the Procuracy must promptly detect and exchange information with the investigative agency, and request an investigation to clarify signs of money laundering.

- Before the end of the investigation, investigators and procurators must coordinate 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 take minutes of information exchange, assess evidence and documents, and keep records of each agency.

(Article 9 of Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC)

3. Principles of cooperation in investigating and prosecuting the source of money laundering in Vietnam

The principles of coordination in investigating and prosecuting the source of money laundering are specified in Article 4 of the Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC as follows:

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

- Being carried out regularly, ensuring timely capture of information, and 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 crime of money laundering must comply with the provisions of the Criminal Procedure Code 2015 (amended 2021), joint legal documents that are in force, and regulations of Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC.

4. Prohibited acts regaring the investigation and prosecution of money laundering in Vietnam

Prohibited acts in the investigation and prosecution of money laundering include:

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

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

(Article 5 of Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC)

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

Nguyen Thi Hoai Thuong

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