Joint Circular 02/2023/TTLT-BCA-VKSNDTC-TANDTC exchange information in investigation, prosecution and trial of the crimes of money laundering

JOINT CIRCULAR

Providing for coordination in exchanging information in the investigation, prosecution and trial of the crimes of money laundering and terrorism financing^[1]

Pursuant to November 27, 2015 Penal Code No. 100/2015/QH13; and June 20, 2017 Law No. 12/2017/QH14 Amending and Supplementing a Number of Articles of the Penal Code;

Pursuant to November 27, 2015 Criminal Procedure Code No. 101/2015/QH13; and November 12, 2021 Law No. 02/2021/QH15 Amending and Supplementing a Number of Articles of the Criminal Procedure Code;

Pursuant to June 22, 2015 Law No. 80/2015/QH13 on Promulgation of Legal Documents; and June 18, 2020 Law No. 63/2020/QH14 Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;

The Minister of Public Security, the Procurator General of the Supreme People’s Procuracy and the Chief Justice of the Supreme People’s Court jointly promulgate regulations on coordination in exchanging information among proceeding-conducting bodies in the investigation, prosecution and trial of the crimes of money laundering and terrorism financing.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Joint Circular provides for the coordination in exchanging information among bodies competent to conduct the proceedings of the People’s Public Security forces, people’s procuracies and people’s courts in the investigation, prosecution and trial of the crimes of money laundering and terrorism financing.

Article 2. Subjects of application 

1. Bodies and persons competent to conduct the proceedings of the People’s Public Security forces, people’s procuracies and people’s courts.

2. Other related agencies, organizations and individuals.

Article 3. Coordination purposes

1. Ensuring coordination among and prompt direction by bodies competent to conduct the proceedings from the central to local levels, and promptly addressing difficulties and problems in the investigation, prosecution and trial of the crimes of money laundering and terrorism financing.

2. Raising the responsibility and effectiveness of the performance of assigned tasks by bodies competent to conduct the proceedings in exchanging information to serve the investigation, prosecution and trial of the crimes of money laundering and terrorism financing.

Article 4. Coordination principles    

1. To properly perform functions and tasks and exercise powers of each body competent to conduct the proceedings in accordance with law.

2. To maintain constant coordination, ensuring timely grasp of information for contributing to coordination in the lawful settlement of cases.

3. To protect state secrets and work secrets in accordance with law and regulations of each body.

4. To ensure that the exchange of information and coordination in proceeding-conducting activities for criminal acts of money laundering and terrorism financing comply with the 2015 Criminal Procedure Code (which was revised in 2021), joint legal documents currently in force, and this Circular.

Article 5. Prohibited acts

1. Illegally collecting and disclosing information on the situation and results of the investigation, prosecution and trial of the crimes of money laundering and terrorism financing or abusing others to illegally collect and provide personal information and other information falling beyond the scope of investigation, prosecution and trial of the crimes of money laundering and terrorism financing.

2. Using information on individuals, agencies and organizations or other information falling beyond the scope of investigation, prosecution and trial of the crimes of money laundering and terrorism financing for personal purposes or other purposes falling beyond the scope of investigation, prosecution and trial of the crimes of money laundering and terrorism financing.

Article 6. Secret information and public information in the investigation, prosecution and trial of the crimes of money laundering and terrorism financing

1. State secret and work secret information, which means information related to the process of investigation, prosecution and trial of the crimes of money laundering and terrorism financing and classified as state secrets or work secrets.

2. Public information, which means information related to the process of investigation, prosecution and trial of the crimes of money laundering and terrorism financing and not classified as state secrets or work secrets.

Article 7. Scope of information exchange

1. In the stage of investigation: information on competence to investigate criminal cases (for cases involving disputes over competence); joinder of criminal cases or splitting of a criminal case; matters to be proven in criminal cases; proving of the cash flow; exhibits; expert assessment and valuation of property; application and change of deterrent measures; mutual legal assistance in criminal matters; cessation of investigation of cases or cessation of investigation of the accused; suspension of investigation of cases or suspension of investigation of the accused; distraint of property, freezing of accounts, seizure of objects and documents; and application of measures to handle exhibits, and other information the exchange of which is deemed necessary by bodies competent to conduct the proceedings.

2. In the stage of prosecution: information on joinder of criminal cases or splitting of a criminal case; decision on transfer of cases for carrying out prosecution according to jurisdiction; decision on prosecution; decision on return of case files for additional investigation; cessation of criminal cases or cessation of prosecution against the accused; suspension of criminal cases or suspension of prosecution against the accused; and resumption of cases, and other information the exchange of which is deemed necessary by bodies competent to conduct the proceedings.

3. In the stage of trial: information on transfer of cases during trial, handover of documents and case files; bringing of cases for trial; formulation of trial plans and coordination and exchange of information in organizing the protection of court hearings, and other information the exchange of which is deemed necessary by bodies competent to conduct the proceedings.

Article 8. Forms of coordination

1. Direct exchange: To hold interdisciplinary meetings for specialists or leaders, or form interdisciplinary working teams or delegations to guide the coordination, or other forms of direct coordination so as to serve the investigation, prosecution and trial of the crimes of money laundering and terrorism financing.

2. Indirect exchange: To exchange or provide information by means of documents or electronic communication devices and in other forms of indirect coordination.

Chapter II

SPECIFIC PROVISIONS

Article 9. Coordination in exchanging information in the investigation and prosecution of crimes from which the crimes of money laundering and terrorism financing originate

1. In the process of investigation of crimes from which the crime of money laundering is likely to originate or in the process of investigation of the crime of terrorism, investigation bodies shall investigate, verify and clarify signs of the crime of money laundering or terrorism financing and promptly exchange information and documents with same-level procuracies. At least 5 days before deciding on initiation of a criminal case against the crime of money laundering or terrorism financing, an investigation body shall exchange information with the same-level procuracy for coordination.

2. In the course of exercising the right to prosecution and supervising the investigation of cases against acts from which the crime of money laundering or terrorism financing is likely to originate, procuracies shall promptly detect and exchange information thereon with investigation bodies and make investigation requests in order to clarify signs of such crime.

3. Before concluding the investigation, investigators and procurators shall coordinate with each other in exchanging information and reviewing and assessing documents, evidences and procedures of cases, thereby ensuring that investigation activities comply with law-specified order and procedures. Investigators and procurators shall make minutes of exchange of information and assessment of evidences and documents, and keep such minutes in their own records.

Article 10. Coordination in exchanging information in the making, delivery and receipt of dossiers on mutual legal assistance in criminal matters

1. In the course of making dossiers on mutual legal assistance in criminal matters related to the crimes of money laundering and terrorism financing, investigation bodies shall coordinate with same-level procuracies in exchanging information with functional bodies of the Supreme People’s Procuracy under regulations. If facing any difficulty or problem in the course of making a dossier on mutual legal assistance in criminal matters, an investigation body shall exchange information with a functional unit of the Supreme People’s Procuracy in order to be provided with guidance on settlement.

2. Functional bodies of the Supreme People’s Procuracy shall coordinate with investigation bodies in settling requests for mutual legal assistance in criminal matters related to the crimes of money laundering and terrorism financing and shall, within 10 days after receiving such a request, inform investigation bodies of results of the delivery of dossiers on mutual legal assistance in criminal matters to focal-point agencies of related foreign countries. If additional dossiers and documents are required, functional bodies of the Supreme People’s Procuracy shall promptly notify such to investigation bodies for implementation.

3. Within 5 days after receiving results of foreign countries’ response to requests for mutual legal assistance in criminal matters regarding the crimes of money laundering and terrorism financing, functional bodies of the Supreme People’s Procuracy shall notify such results to requesting investigation bodies.

4. Upon receiving a foreign country’s request for mutual legal assistance in criminal matters related to the crimes of money laundering and terrorism financing, the Supreme People’s Procuracy shall exchange information and coordinate with the Ministry of Public Security in deciding on acceptance of such request for implementation or postpone or refuse the acceptance of such request. In case of deciding on acceptance of such request for implementation, within 10 days after receiving such request, the Supreme People’s Procuracy shall notify and transfer such request to the Ministry of Public Security for the latter to assign a competent investigation body to investigate and settle the request in accordance with law. The Supreme People’s Procuracy shall coordinate with the Ministry of Public Security in addressing difficulties and problems in the course of settling foreign countries’ requests for mutual legal assistance in criminal matters.

Article 11. Coordination in exchanging information in the course of seizure, distraint of property or freezing of accounts

1. Before applying the measure of distraining property of persons accused for the crime of money laundering or terrorism financing or freezing accounts of persons charged with the crime of money laundering or terrorism financing, investigators shall exchange information and coordinate with procurators accepting the cases in assessing grounds of and damage caused by money laundering or terrorism financing acts, property that needs to be recovered, quantity of to-be-distrained property of the accused, and money amounts that need to be frozen on accounts of criminally charged persons.

The seizure or distraint of property of persons accused for the crime of money laundering or terrorism financing or the freezing of accounts of persons charged with the crime of money laundering or terrorism financing shall be carried out according to the order and procedures specified in the Criminal Procedure Code. Right after applying the measure of distraining property or freezing accounts, investigation bodies shall notify such to same-level procuracies.

2. Investigation bodies and same-level procuracies and courts shall, on a periodical basis, coordinate with one another in exchanging information and assessing property seized or distrained, money amounts frozen on accounts or assets recovered in money laundering and terrorism financing cases.

Article 12. Coordination focal points         

1. The Bureau of Investigation Security of the Ministry of Public Security, the Department of Public Prosecutions and Supervision over the Investigation of National Security Crimes of the Supreme People’s Procuracy, and the Department for Cassation Review and Examination of Criminal and Administrative Judgments (Cassation Department I) of the Supreme People’s Court shall act as focal points to help the leaders of the Ministry of Public Security, Supreme People’s Procuracy and Supreme People’s Court in organizing the implementation of this Joint Circular.

2. Investigation security divisions of provincial-level Departments of Public Security, divisions of public prosecutions and supervision over the investigation of national security crimes of provincial-level people’s procuracies, and offices of provincial-level people’s courts shall act as focal points to help leaders of provincial-level agencies in organizing the implementation of this Joint Circular.

3. Focal points shall advise leaders of sectors on monitoring, urging, guiding and inspecting the implementation of this Joint Circular.

Article 13. Responsibilities of the Ministry of Public Security

1. Annually, to formulate, and organize the implementation of, programs and plans on coordination in the investigation, prosecution and trial of the crimes of money laundering and terrorism financing according to its functions and tasks.

2. Annually, to assume the prime responsibility for, and coordinate with the Supreme People’s Procuracy and Supreme People’s Court in, holding interdisciplinary meetings with participation of related ministries and sectors to assess the practical prevention and combat of the crimes of money laundering and terrorism financing, and results of the implementation of this Joint Circular, tackling difficulties and problems, and proposing solutions to improve the quality and effectiveness of the investigation, prosecution and trial of the crimes of money laundering and terrorism financing.

3. To coordinate with the Supreme People’s Procuracy and Supreme People’s Court in reviewing existing legal documents concerning law enforcement in the investigation, prosecution and trial of the crimes of money laundering and terrorism financing, and in formulating and promulgating new ones in accordance with law-specified order and procedures.

4. To coordinate with the Supreme People’s Procuracy in guiding and directing the removal of difficulties and problems facing investigation bodies of the People’s Public Security forces in the course of investigation of the crimes of money laundering and terrorism financing. Investigation bodies of higher-level public security offices shall provide professional and legal guidance to, promptly receive information from, and make replies to inquiries of, lower-level investigation bodies in order to ensure that the settlement of difficulties and problems complies with law.

5. To organize preliminary and final reviews of, and draw experience from, the investigation of the crimes of money laundering and terrorism financing; to direct the formulation of the process of, and guide, the implementation of this Joint Circular in the People’s Public Security forces.

Article 14. Responsibilities of the Supreme People’s Procuracy

1. Annually, to formulate, and organize the implementation of, programs and plans on coordination in the investigation, prosecution and trial of the crimes of money laundering and terrorism financing according to its functions and tasks.

2. Annually, to coordinate with the Ministry of Public Security in holding interdisciplinary meetings to assess the practical prevention and combat of the crimes of money laundering and terrorism financing and results of the implementation of this Joint Circular, tackling difficulties and problems, and proposing solutions to improve the quality and effectiveness of the investigation, prosecution and trial of the crimes of money laundering and terrorism financing. At least 10 days before holding a meeting, to send a document on agenda of, and other matters related to, the meeting to the Ministry of Public Security. 

3. To coordinate with the Ministry of Public Security and Supreme People’s Court in reviewing existing legal documents concerning law enforcement in the investigation, prosecution and trial of the crimes of money laundering and terrorism financing, and in formulating and promulgating new ones in accordance with law-specified order and procedures.

4. To coordinate with the Ministry of Public Security in guiding and directing the removal of difficulties and problems facing investigation bodies of the People’s Public Security forces in the course of investigation of the crimes of money laundering and terrorism financing. Higher-level procuracies shall provide professional and legal guidance to, promptly receive information from, and make replies to inquiries of, lower-level procuracies in order to ensure that the settlement of difficulties and problems complies with law.

5. To organize preliminary and final reviews of, and draw experience from, the exercise of the right to prosecution and supervise the initiation of criminal cases and the investigation, prosecution and trial of the crimes of money laundering and terrorism financing.

Article 15. Responsibilities of the Supreme People’s Court

1. Annually, to formulate, and organize the implementation of, programs and plans on coordination in the investigation, prosecution and trial of the crimes of money laundering and terrorism financing according to its functions and tasks.

2. Annually, to coordinate with the Ministry of Public Security in holding interdisciplinary meetings to assess the practical prevention and combat of the crimes of money laundering and terrorism financing and results of the implementation of this Joint Circular, tackling difficulties and problems, and proposing solutions to improve the quality and effectiveness of the investigation, prosecution and trial of the crimes of money laundering and terrorism financing. At least 10 days before holding a meeting, to send a document on agenda of, and other matters related to, the meeting to the Ministry of Public Security. 

3. To coordinate with the Ministry of Public Security and Supreme People’s Procuracy in reviewing existing legal documents concerning law enforcement in the investigation, prosecution and trial of the crimes of money laundering and terrorism financing, and in formulating and promulgating new ones in accordance with law-specified order and procedures.

4. To promptly direct the removal of difficulties and problems facing courts at all levels in the trial of money laundering and terrorism financing cases.

5. To direct preliminary and final reviews of trials and draw experience from activities of lower-level courts in the trial of money laundering and terrorism financing cases.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 16. Effect

This Joint Circular takes effect on May 25, 2023.

Article 17. Implementation responsibility

1. The Ministry of Public Security, Supreme People’s Procuracy and Supreme People’s Court shall direct and organize the implementation of this Joint Circular.

2. Any problems or matters arising in the course of implementation of this Joint Circular that need guidance shall be reported to the Ministry of Public Security, Supreme People’s Procuracy and Supreme People’s Court for timely interpretation and guidance.-