Quyết định 287/QD-TTg

THE PRIME MINISTER
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 287/QD-TTg

Hanoi, February 24, 2011

FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Sinh Hung

No.

The action should be taken to remedy the deficiencies

Responsible agencies

Complete time

1

To provide data and specific cases to demonstrate results in the prevention and combat of money laundering and combat of terrorism financing in Vietnam

Supreme People's Procuracy and State Bank of Vietnam  

Before 12/2012

2

To set up legal frame and sufficient institutions for the freezing of funds used to finance terrorism, comply with special Recommendation No. III of the Financial Special Task Force on Anti-Money Laundering (FATF)

Responsible agency: Supreme People's Procuracy; Coordinating agency: Ministry of Public Security, Supreme People's Court, Ministry of Justice, State Bank of Vietnam

Before 12/2011

3

Improve the mechanism of blockade, confiscation and recovery of assets deriving from crime used for money laundering

Supreme People's Procuracy

Before 12/2011

4

To make and submit to the competent authorities for promulgation of Law on anti-terrorism and ensure the use of such Law in compliance with special Recommendation No. I, II and III of FATF

Ministry of Public Security

Before 12/2011

5

To handle FATF’s recommendations on criminalization of terrorism financing crime meeting thoroughly in accordance with the Convention on combating the financing of terrorism 

6

To handle special Recommendation No. II of FATF on definition for the term "Money or Property" and the use of this term in the Penal Code to suit requirements of the international Convention on combating the financing of terrorism.

Ministry of Public Security

Before 8/2011

7

To handle FATF’s recommendations on money laundering criminalization meeting thoroughly upon Article 2 (d) of the Convention on Against Transnational Organized Crime (Palecmo Convention) and Article 3 (1) (b) and (c) of the Convention on Against drugs trafficking and psychotropic substances (Vienna Convention), including the definition for the term "property" in the Penal 

8

To handle Recommendation No. II of FATF on forcing legal entity to take penal liability aiming to ensure sanction measures to be appropriate and effective, or having the basis that such expansion is impossible due to the key principles of domestic law.

Ministry of Justice

Before 12/2011

9

To handle FATF’s recommendations on improving the Articles referred to in the Penal Code aiming to include fully actions of financing terrorism conducted by legal entity

10

To submit to the competent authorities for approval of Palecmo Convention

11

To strengthen the requirement aiming to include thoroughly measures relating to updating customer information in compliance with the FATF’s Recommendation No.5; include:

- Requirement on benefit enjoying ownership;

- To strengthen updating customer information for high risk customers;

- To recognize and certify any person who acts on the basis of representing the other;

- Prohibited to open the anonymous accounts

State Bank of Vietnam

Before 8/2011

12

To ensure the full force of law or regulations on keeping records in compliance with FATF’s Recommendation No.10 in the guidelines on measures of anti-terrorism financing, including transaction reports doubted related to terrorism financing and to those who have political influence (PEPs)

13

To ensure the full force of law and regulations on doubtful transaction reports related to money laundering and terrorism financing from the credit institutions in compliance with FATF’s Recommendation 13 and special Recommendation IV of FATF.

14

To settle issues related to requirements for benefit enjoying ownership.

15

To strengthen the exchange of information between financial intelligence agencies, including financial intelligence with international partners.

State Bank of Vietnam

Before 12/2011

16

To conduct the training for the staffs of the Department of Prevention and Combat of Money Laundering to improve the professional skill, support efficiently to the analysis and transfer of intelligence.

State Bank of Vietnam

Before 8/2011

17

To make and submit to the competent authorities for promulgating the Law on Prevention and Combat of Money Laundering

State Bank of Vietnam

Before 12/2012

18

To ensure the thorough implementation of the Circular for all report institutions.

State Bank of Vietnam; the Ministry of Finance  

Before 8/2011

19

To ensure the supervision and management measures for participation in the market in compliance with FATF’s Recommendation 23

20

To coordinate closely with the report organization to ensure the compliance with report responsibility.

21

To strengthen the cooperation with relative law enforcement agencies to support the investigations of money laundering and terrorist financing on the basis of intelligence provided and strengthen capacity of investigating money laundering and terrorism financing cases.

State Bank of Vietnam and Ministry of Public Security

Before 8/2011

22

To develop training programs on financial investigating skills, raise awareness on the risk of money laundering and terrorism financing for a number of relative units.

State Bank of Vietnam and Ministry of Public Security

Before 12/2011

23

Through inspection programs on anti-money laundering and anti-terrorism financing and inspection process to the inspection units of the Ministries, Branches (except for the State Bank of Vietnam).

Government inspectorate 

Before 12/2011

24

The competent inspection units conduct activities of inspection on site on anti-money laundering and anti-terrorism financing to all relative sectors and business lines.

25

To implement the activities of propaganda on anti-money laundering and anti-terrorism financing

Ministry of Information and Communications

Before 12/2011