DECREE

ON AMENDMENTS TO DECREE NO. 122/2013/ND-CP DATED OCTOBER 11, 2013 OF THE GOVERNMENT ON CIRCULATION SUSPENSION, FREEZING, SEALING, TEMPORARY SEIZURE AND DISPOSAL OF MONEY OR ASSETS INVOLVED IN TERRORISM OR TERRORIST FINANCING; AND COMPILATION OF THE LIST OF ORGANIZATIONS AND INDIVIDUALS INVOLVED IN TERRORISM OR TERRORIST FINANCING

Pursuant to the Law on the Government organization dated June 19, 2015;

Pursuant to the Law on Organization of Local Governments dated June 19, 2015;

Pursuant to the Law on amendments to the Law on Organization of the Government and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on Anti-Terrorism dated June 12, 2013;

Pursuant to the Law on Anti-Money Laundering dated November 15, 2022;

At the proposal of Minister of Public Security;

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Article 1. Amendments to Decree No. 122/2013/ND-CP dated October 11, 2013 of the Government on circulation suspension, freezing, sealing, temporary seizure and disposal of money or assets involved in terrorism or terrorist financing; and compilation of the list of organizations and individuals involved in terrorism or terrorist financing

1. Amendments to Article 1:

“Article 1. Scope

1. This Decree provides for conditions, time limit, procedures, forms and competence of circulation suspension, freezing, sealing, temporary seizure and disposal of money or assets involved in terrorism or terrorist financing; and compilation of a list of organizations and individuals involved in terrorism or terrorism financing (hereinafter referred to as “the List”), except for the case in clause 2, clause 3 of this Article.

2. The implementation of circulation suspension, freezing, sealing, temporary seizure and disposal of money or assets involved in terrorism or terrorist financing in criminal cases shall be in compliance with the criminal procedures code.

3. The circulation suspension, freezing, sealing, temporary seizure and disposal of money or assets involved in terrorism or terrorist financing as prescribed in this Decree shall not apply to diplomatic bags, consular bags; official correspondence of diplomatic missions and consular agencies; documents, correspondence and assets of diplomatic officials as prescribed in Ordinance No. 25-L/CTN dated August 23, 1993 of the National Assembly Standing Committee on privileges and immunities for diplomatic missions, consular agencies and representative agencies of international organizations in Vietnam.”.

2. Amendments to Article 2:

“Article 2. Regulated entities

1. This Decree applies to financial organizations; non-financial organizations and individuals; Vietnamese organizations and individuals, foreign organizations, foreigners, international organizations having transactions with financial organizations, non-financial organizations and individuals; postal service providers; other organizations and individuals and competent agencies and persons to circulation suspension, freezing, sealing, temporary seizure and disposal of money or assets involved in terrorism or terrorist financing; compilation of the list of organizations and individuals involved in terrorism or terrorism financing.

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3. Amendments to Article 3:

“Article 3. Interpretation of terms

For the purpose of this Decree, these terms below can be construed as follow:

1. Organizations and individuals involved in terrorism or terrorist financing are any organizations and individuals on the list of organizations and individuals involved in terrorism or terrorist financing designated under resolutions adopted by the United Nations Security Council on the basis of Chapter VII of the United Nations Charter (hereinafter referred to as the UN Security Council List) or any organization or individual on the list of organizations and individuals involved in terrorism or terrorist financing designated by Vietnam in accordance with the provisions of Vietnamese law (hereinafter referred to as the Vietnam List).

2. The compilation of the List consists of adding to, removing from, and publishing the Vietnam List, proposing to add to, remove from, and publish the UN Security Council List; and processing requests from other countries to identify organizations and individuals involved or not involved in terrorism and terrorism financing; requesting other countries to identify organizations or individuals involved in terrorism or terrorist financing designated by Vietnam.

3. Money means cash or deposits in Vietnamese currency (VND) and other foreign currencies.

4. Assets include objects, money, or valuable papers and property rights in accordance with the Civil Code which may exist in a material or immaterial form; movable or immovable; tangible or intangible; legal documents or instruments proving ownerships or interests of such assets.

5. Money, assets involved in terrorism or terrorism financing are determined as follows:

a) Money, assets owned, possessed, used, disposed of, or controlled, direct or indirectly, in whole or in part, by an organization or individual listed in the List;

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c) Money, assets owned, possessed, used, disposed of, or controlled, direct or indirectly, in whole or in part, by an organization or individual on behalf of, under the ownership of, or under the control of, an organization or individual on the List;

d) Money, assets of an organization or individual that are used unlawfully to provide support for organizations or individuals involved in terrorism or terrorist financing, or money or assets obtained from acts of terrorism or terrorist financing.

6. The transaction delay means that an organization or individual, having reasonable grounds to suspect that a transaction involving money or assets is terrorism-related, does not execute the transaction for a maximum period of 3 working days from the date on which this measure is applied.  

7. The circulation suspension of money or assets involved in terrorism or terrorist financing means a decision made by a competent authority or person to prohibit the movement, transfer, exchange, use, alteration, or destruction of such money or assets for a specified period as prescribed by this Decree.

8. The freezing of money or assets involved in terrorism or terrorist financing means a decision made by a competent authority or individuals to keep such money, assets to prevent deposit or withdrawal from bank account; and prohibit the movement, transfer, exchange, use, alteration, or destruction of such money or assets for a specified period as prescribed by this Decree.

9. The sealing of money or assets involved in terrorism or terrorist financing means a decision made by a competent authority or individual to seal and mark with special signs on such money, assets to be intact and secret for a specified period as prescribed by this Decree.

10. The temporary seizure of money or assets involved in terrorism or terrorist financing means a decision made by a competent authority or person to retain, preserve, and prevent the circulation of such money or assets for a specified period as prescribed by this Decree.

11. The disposal of money or assets involved in terrorism or terrorist financing means a decision made by a competent authority or individual to dispose of them in the following manners:

a) Confiscate or destroy them in accordance with law;

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c) Pay for the essential needs of the individual and their family whose money or assets have been suspended, frozen, seized, or retained, and to settle other lawful obligations of the organization or individual whose money or assets have been suspended, frozen, seized, or retained, in cases where such organization or individual does not have other funds, assets, financial or economic resources;

d) Release, return the money or assets to an organization or individual who has been removed from the List or to an organization or individual who was mistakenly identified as being involved in terrorism or terrorist financing.".

4. Amendments to Article 4:

“Article 4. Principles of suspending circulation, freezing, sealing, temporary seizure and disposal of money or assets involved in terrorism or terrorist financing; and compilation of the list thereof

1. Ensure the conditions, time limit, procedures and competence of the process are complied with law and provisions of international treaties to which the Socialist Republic of Vietnam is a member.

2. Ensure the process is promptly, effectively, and objectively implemented and caused no infringements of the State's interests, legitimate rights and interests of agencies, organizations and individuals.

3. Information regarding the names and other relevant information of an organization or individual that is considered for addition to or removal from the List shall be kept confidential until the competent authority notifies that organization or individual and publishes that information on the Ministry of Public Security's electronic portal.

4. The transaction delay, account freezing, circulation suspension, freezing, sealing, or temporary seizure of money or assets involved in terrorism or terrorist financing stipulated in this Decree shall be carried out without delay and without prior notice.

5. The criteria, procedures, and standard forms used to compile or propose the United Nations Security Council to compile the List shall comply with the relevant UN Security Council resolutions adopted pursuant to Chapter VII of the UN Charter and Vietnam's anti-terrorism laws.

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7. Money, assets, rights and interests of bona fide third parties shall be respected and protected. Procedures for dealing with money, assets, rights and interests of bona fide third parties shall be carried out in accordance with laws.”.

5. Amendments to Article 5:

“Article 5. Prohibited acts

1. Taking advantages of the transaction delay, circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing, and compilation of the list to violate the State interests, legitimate rights and interests of agencies, organizations and individuals.

2. Revealing the time, location, contents of postal packages that are opened, checked, sealed, or temporarily seized in accordance with provisions of this Decree and the law on protection of national security, social order and safety.

3. Facilitating, assisting, mobilizing, directly or indirectly, in whole or in part, money, assets, financial resources, economic resources, financial services or other services to any organization or individual involved in terrorism or terrorist financing; or to any organization or individual acting on behalf of, at the direction of, or under the control of such an organization or individual.”.

6. The title of Chapter is amended as follows:

“Chapter II

CONDITIONS, TIME LIMIT, COMPETENCE, PROCEDURES FOR CIRCULATION SUSPENSION, FREEZING, SEALING, TEMPORARY SEIZURE AND DISPOSAL OF MONEY AND ASSETS INVOLVED IN TERRORISM OR TERRORIST FINANCING”

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“Article 6a. Time limit for consideration and decisions on the circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing

Time limit for consideration and decisions on the circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing shall be as prescribed in Articles 8, 9, 10 of this Decree.”.

8. Amendments to Article 7:

“Article 7. Power to decide circulation suspension, freezing, sealing, temporary seizure of money and assets involved in terrorism or terrorist financing

1. The Minister of Public Security has the power to issue decisions on confiscating or destroying money, assets involved in terrorism or terrorism financing; return money, assets to the lawful owners in case of they are appropriated or illegally used for terrorism and terrorism financing; and revoke the decisions issued by himself or by competent persons in Clause 3 of this Article.

2. Within the scope of objectives and areas under the Ministry of National Defense's management, the Minister of National Defense has the authority to confiscate and transfer to the state budget, or destruction of money or assets related to terrorism or terrorist financing; return money or assets related to terrorism or terrorist financing in cases where such money or assets are owned or managed by an agency, organization, or individual who has been illegally deprived of them and used to provide support for organizations or individuals involved in terrorism or terrorist financing; revoke the decisions issued by himself or by competent persons in Clause 4 of this Article.

3. The head of the anti-terrorism agency of the Ministry of Public Security and the Director of the provincial/centrally-affiliated city police (hereinafter referred to as Provincial Public Security) has the authority to request the transaction delay, circulation suspension, freezing, sealing, temporary seizure of money or assets involved in terrorism or terrorist financing as stipulated in this Decree; consider allowing the organization or individual whose money or assets have been suspended, frozen, sealed, temporarily seized to access and use all or part of such money or assets for essential personal or family needs and to fulfill their other lawful obligations if they do not have other funds, assets, or financial resources.

4. Within the scope of objectives and areas under the Ministry of National Defense's management, the head of the anti-terrorism agency of the Ministry of National Defense has the authority to request the transaction delay, circulation suspension, freezing, sealing, temporary seizure of money or assets involved in terrorism or terrorist financing as stipulated in this Decree; consider allowing the organization or individual whose money or assets have been suspended, frozen, sealed, temporarily seized to access and use all or part of such money or assets for essential personal or family needs and to fulfill their other lawful obligations if they do not have other funds, assets, or financial resources.”.

9. Amendments to Article 8:

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1. Financial organizations, non-financial organizations or individuals shall regularly examine their customers, their customers' transactions, and the parties involved in their customers' transactions against the List. When there are grounds to suspect or discover that a customer, or a party involved in a customer’s transaction, is on the List, or when there is reason to believe that the requested transaction is related to an organization or individual engaging in terrorist financing, the financial organization, non-financial organization or individual must immediately apply a transaction delay.

Within 24 hours of suspecting or detecting money or assets involved in terrorism or terrorist financing, the financial organization, non-financial organization or individual must immediately report the imposition of a transaction delay and submit related documents to the anti-terrorism agency of the Ministry of Public Security or the anti-terrorism agency of Provincial Public Security, to the anti-money laundering agency of the State Bank of Vietnam; and they must also report suspicious transactions related to terrorist financing to the anti-money laundering agency of the State Bank of Vietnam.

Within 48 hours of receiving a report from a financial organization, non-financial organization or individual, the anti-terrorism agency of the Ministry of Public Security or the anti-terrorism agency of Provincial Public Security shall be responsible for verifying and investigating the matter. If it is determined that a customer or a party involved in a customer's transaction is on the List, or the requested transaction is related to an organization or individual involved in terrorist financing, the head of the anti-terrorism agency of the Ministry of Public Security or the Director of the Provincial Public Security shall issue a decision to freeze the relevant account, suspend the circulation, freeze, seal, or temporarily seize the money or asset involved in terrorism or terrorist financing, and then send the enforcement decision to the relevant agency, organization, or individual. If it is determined that a customer or a party involved in a customer's transaction is not on the List, or the requested transaction is unrelated to an organization or individual involved in terrorist financing, the head of the anti-terrorism agency of the Ministry of Public Security or the Director of the Provincial Public Security shall issue a written notification to the relevant financial organization, non-financial organization or individual to immediately lift the transaction delay.

In cases where the customer or parties related to the customer's transaction fall within the scope of targets or areas under the management of the Ministry of National Defense, the anti-terrorism agency of the Ministry of Public Security or the anti-terrorism agency of Provincial Public Security shall transfer all relevant records and documents to the anti-terrorism agency of the Ministry of National Defense for inspection, verification and clarification. If the anti-terrorism agency of the Ministry of National Defense determines that a customer or a party involved in a customer's transaction is on the List, or the requested transaction is related to an organization or individual involved in terrorist financing, the head of the anti-terrorism agency of the Ministry of National Defense shall issue a decision to freeze the relevant account, suspend the circulation, freeze, seal, or temporarily seize the money or asset involved in terrorism or terrorist financing, and then send the enforcement decision to the relevant agency, organization, or individual. If the anti-terrorism agency of the Ministry of National Defense determines that a customer or a party involved in a customer's transaction is not on the List, or the requested transaction is unrelated to an organization or individual involved in terrorist financing, the head of the anti-terrorism agency of Ministry of National Defense shall issue a written notification to the relevant financial organization, non-financial organization or individual to immediately lift the transaction delay.

2. Upon obtaining evidence through operational activities or processing reports and denunciations from organizations or individuals that reasonably suspects the existence of money or assets related to terrorism or terrorist financing circulating within financial activities or non-financial business sectors, the anti-terrorism agency of the Ministry of Public Security, the anti-terrorism agency of Ministry of National Defense, the anti-terrorism agency of Provincial Public Security shall issue a written request to the relevant financial organization, non-financial organization or individual to immediately impose the transaction delay.

Within 72 hours from the transaction delay time, the anti-terrorism agency of the Ministry of Public Security, the anti-terrorism agency of Ministry of National Defense, the anti-terrorism agency of Provincial Public Security shall be responsible for checking, verification and clarification. If it is determined that the money or asset is related to the terrorism or terrorist financing, the head of the anti-terrorism agency of the Ministry of Public Security, the anti-terrorism agency of Ministry of National Defense, the anti-terrorism agency of Provincial Public Security shall issue a decision requiring the relevant financial organization, non-financial organization or individual to immediately freeze the relevant account, suspend the circulation, freeze, seal, or temporarily seize that money or asset for further actions in accordance with the law. If it is determined that the money or asset is unrelated to terrorism or terrorist financing, the head of the anti-terrorism agency of the Ministry of Public Security, the anti-terrorism agency of Ministry of National Defense, or the Director of the Provincial Public Security shall issue a written request to the relevant financial organization, non-financial organization or individual to immediately lift the transaction delay.

3. Within 72 hours from the date of the decision to freeze the relevant account, suspend the circulation, freeze, seal, or temporarily seize the money or assets involved in terrorism or terrorist financing, the head of the anti-terrorism agency of the Ministry of Public Security, or the Director of the Provincial Public Security shall report it to the Minister of Public Security; the head of the anti-terrorism agency of Ministry of National Defense shall report it to the Minister of National Defense for the disposal of the money or assets involved in terrorism or terrorist financing.

4. Upon receipt of the report from the head of the anti-terrorism agency of the Ministry of Public Security, the Director of the Provincial Public Security, the head of the anti-terrorism agency of the Ministry of National Defense, the Minister of Public Security, and the Minister of National Defense shall decide the disposal of the money or assets involved in terrorism or terrorist financing.

5. The time limit for consideration and decisions on the freezing of account, circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing prescribed in this Article shall not exceed 30 days.  For cases involving complex circumstances or requiring verification in multiple locations, the time limit for consideration and decisions on the freezing of account, circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing prescribed in this Article shall not exceed 60 days; in case where verification and evidence collection must be conducted in foreign countries, the time limit for consideration and decisions on the freezing of account, circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing prescribed in this Article shall not exceed 90 days.”.

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“Article 9. Circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing detected through postal business activities

1. Postal service providers are responsible for regularly checking and reviewing postal service users against the List.

Within 24 hours of having reasonable grounds to suspect or discover that a postal service user is on the List, the postal service provider must suspend the transportation and delivery of postal items of the postal service user; immediately report to the anti-terrorism agency of the Ministry of Public Security, the anti-terrorism agency of the Provincial Public Security. If the postal service provider or the postal service user is managed by the Ministry of National Defense, it must immediately report to the anti-terrorism agency of the Ministry of National Defense for verification and handling in accordance with law.

Within 48 hours of receiving the report from the postal service provider, the head of the anti-terrorism agency of the Ministry of Public Security, the anti-terrorism agency of Ministry of National Defense, or the Director of the Provincial Public Security shall be responsible for directing the verification and clarification of information about the postal service user; and shall issue a written request to the postal service provider to cooperate in opening and inspecting the postal item in accordance with the law. If, upon opening and inspecting the postal item, it is discovered that the postal item contains money or assets involved in terrorism or terrorist financing, the head of the anti-terrorism agency of the Ministry of Public Security, the anti-terrorism agency of the Ministry of National Defense, or the Director of the Provincial Public Security shall issue a decision to suspend delivery, seal, or temporarily seize the postal item containing money or assets involved in terrorism or terrorist financing.

2. Upon obtaining evidence through operational activities or processing reports and denunciations from organizations or individuals that reasonably suspects the existence of money or assets related to terrorism or terrorist financing in the postal item, the anti-terrorism agency of the Ministry of Public Security, the anti-terrorism agency of the Ministry of National Defense, or the anti-terrorism agency of the Provincial Public Security shall issue a written request to the postal service provider to suspend delivery for opening and checking the postal item. Within 24 hours of receiving the written request from the competent authority, the telecommunications service provider shall be responsible for coordinating to open and check the postal item in accordance with the law. In the event that postal item is found to contain money or assets involved in terrorism or terrorist financing, the anti-terrorism agency of the Ministry of Public Security, the anti-terrorism agency of the Ministry of National Defense, the anti-terrorism agency of the Provincial Public Security shall coordinate with the postal service provider to seal it and immediately report to the head of the anti-terrorism agency of the Ministry of Public Security, the anti-terrorism agency of the Ministry of National Defense, the Director of the Provincial Public Security to issue a decision to temporarily seize the postal item that contains money or assets involved in terrorism or terrorist financing to report to the Minister of Public Security and the Minister of National Defense for consideration and decision on disposal of money or assets involved in terrorism or terrorist financing.

3. Within 72 hours of determining that the postal item contains money or assets involved in terrorism or terrorist financing as prescribed in Clause 1 and Clause 2 of this Article, the head of the anti-terrorism agency of the Ministry of Public Security, or the Director of the Provincial Public Security shall report it to the Minister of Public Security; the head of the anti-terrorism agency of Ministry of National Defense shall report it to the Minister of National Defense for decision on the disposal of the money or assets involved in terrorism or terrorist financing.

4. Upon receipt of the report from the head of the anti-terrorism agency of the Ministry of Public Security, the Director of the Provincial Public Security, the head of the anti-terrorism agency of the Ministry of National Defense, the Minister of Public Security, and the Minister of National Defense shall decide the disposal of the money or assets involved in terrorism or terrorist financing.

5. The time limit for consideration and decisions on the sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing prescribed in this Article shall not exceed 30 days.  For cases involving complex circumstances or requiring verification in multiple locations, the time limit for consideration and decisions on the sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing prescribed in this Article shall not exceed 60 days; in case where verification and evidence collection must be conducted in foreign countries, the time limit for consideration and decisions on the sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing prescribed in this Article shall not exceed 90 days.

6. If, upon opening and inspecting a postal item in the cases stipulated in this Article, any documents or items related to other crimes or any prohibited or restricted items are found, the competent authority shall seal, temporarily seize, preserve, and transfer them to the competent investigating agency for further actions in accordance with the law.

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11. Amendments to Article 10:

“Article 10. Circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing detected through other activities

1. Vietnamese organizations and individuals, foreign organizations, foreign individuals, and international organizations that transact with financial organizations, non-financial organizations or individuals and other organizations or individuals and who, through their activities, have reasonable grounds to suspect or discover that their customers, their customers' transactions, or parties related to their customers' transactions are involved in terrorism or terrorist financing shall report to the anti-terrorism agency of the Ministry of Public Security, the anti-terrorism agency of the Ministry of National Defense, and the anti-terrorism agency of the Provincial Public Security within 24 hours for inspection, verification, clarification, and handling in accordance with the provisions of this Decree.

2. Upon obtaining evidence through operational activities or processing reports and denunciations from organizations or individuals specified in Clause 1 of this Article that reasonably suspects the existence of money or assets related to terrorism or terrorist financing, the anti-terrorism agency of the Ministry of Public Security, the anti-terrorism agency of Ministry of Defense, the anti-terrorism agency of Provincial Public Security shall issue a written request to the relevant financial organization, non-financial organization or individual to immediately impose the transaction delay and coordinate in inspection, verification, and clarification. In case the money or assets involved in terrorism or terrorist financing is found, the head of the anti-terrorism agency of the Ministry of Public Security, the head of the anti-terrorism agency of the Ministry of National Defense, and the Director of the Provincial Public Security shall issue a decision to freeze, seal, or temporarily seize such money or assets. Within 72 hours from the date of the decision to freeze, seal, or temporarily seize the money or assets involved in terrorism or terrorist financing, the head of the anti-terrorism agency of the Ministry of Public Security, or the Director of the Provincial Public Security shall report it to the Minister of Public Security; the head of the anti-terrorism agency of Ministry of National Defense shall report it to the Minister of National Defense for decision on the disposal of the money or assets involved in terrorism or terrorist financing as per the law.

3. Upon receipt of the report from the head of the anti-terrorism agency of the Ministry of Public Security, the Director of the Provincial Public Security, the head of the anti-terrorism agency of the Ministry of National Defense, the Minister of Public Security, and the Minister of National Defense shall decide the disposal of the money or assets involved in terrorism or terrorist financing.

4. The time limit for consideration and decisions on the circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing prescribed in this Article shall not exceed 30 days.  For cases involving complex circumstances or requiring verification in multiple locations agencies or organizations, the time limit for consideration and decisions on the circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing shall not exceed 60 days. For cases requiring verification and evidence collection abroad, the time limit for consideration and decisions on the circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing shall not exceed 90 days.”.

12. Amendments to Article 11:

“Article 11. Addition and removal of organizations and individuals from the List and publishing the list thereof

1. An organization or individual shall be added to or removed from the List on the following criteria:

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