Decree 93/2024/ND-CP amend Decree 122/2013/ND-CP temporary seizure and handling of money and assets related to terrorism and terrorist financing

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 122/2013/ND-CP of October 11, 2013 prescribing the circulation suspension, blockade, sealing, temporary seizure and handling of money and assets related to terrorism and terrorist financing; and the establishment of a list of organizations and individuals related to terrorism and terrorist financing

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Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

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

At the proposal of the Minister of Public Security;

The Government promulgates the Decree amending and supplementing a number of articles of the Decree No. 122/2013/ND-CP of October 11, 2013 prescribing the circulation suspension, blockade, sealing, temporary seizure and handling of money and assets related to terrorism and terrorist financing; and the establishment of a list of organizations and individuals related to terrorism and terrorist financing.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 122/2013/ND-CP of October 11, 2013 prescribing the circulation suspension, blockade, sealing, temporary seizure and handling of money and assets related to terrorism and terrorist financing; and the establishment of a list of organizations and individuals related to terrorism and terrorist financing

1. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

1. This Decree prescribes the conditions, duration, procedures, forms, and authority for deciding the circulation suspension, blockade, sealing, temporary seizure and handling of money and assets related to terrorism and terrorist financing; and the establishment of a list of organizations and individuals related to terrorism and terrorist financing, except for the cases specified in Clause 2 and Clause 3 of this Article.

2. The circulation suspension, blockade, sealing, temporary seizure and handling of money and assets related to terrorism and terrorist financing in criminal cases shall comply with the criminal procedure law.

3. The circulation suspension, blockade, sealing, temporary seizure and handling of money and assets related to terrorism and terrorist financing as prescribed in this Decree does not apply to diplomatic bags, consular bags; official correspondence of diplomatic missions, consular offices; documents, correspondence, and assets of diplomatic officials as prescribed in the Standing Committee of the National Assembly’s Ordinance No. 25-L/CTN of August 23, 1993 on privileges and immunities granted to diplomatic missions, consular offices, and representative offices of international organizations in Vietnam.”.

2. To amend and supplement Article 2 as follows:

“Article 2. Subjects of application

1. This Decree applies to financial institutions; organizations and individuals engaged in related non-financial business sectors; Vietnamese organizations and individuals, foreign organizations and individuals, international organizations that have transactions with financial institutions or related non-financial business sectors; postal service providers; other organizations and individuals, as well as authorities and individuals with the authority to suspend the circulation, block, seal, temporarily seize, and handle money and assets related to terrorism and terrorist financing; and to establish a list of organizations and individuals related to terrorism and terrorist financing.

2. If a treaty to which the Socialist Republic of Vietnam is a party contains different provisions, the provisions of that treaty shall be applied.”.

3. To amend and supplement Article 3 as follows:

“Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Organizations and individuals related to terrorism and terrorist financing are any organizations or individuals listed as related to terrorism and terrorist financing as designated by United Nations Security Council resolutions adopted under Chapter VII of the United Nations Charter (below referred to as the UN Security Council-designated list) or any organizations or individuals listed as related to terrorism and terrorist financing as designated by Vietnam in accordance with the Vietnamese law (below referred to as the Vietnam-designated list).

2. The establishment of a list of organizations and individuals related to terrorism and terrorist financing includes adding to the list, removing from the list, and publishing the list of organizations and individuals related to terrorism and terrorist financing as designated by Vietnam; proposing to add to the list, remove from the list, and publish the list of organizations and individuals related to terrorism and terrorist financing as designated by the United Nations Security Council; receiving and processing requests from other countries regarding the identification of organizations and individuals as related or not related to terrorism and terrorist financing; and proposing to other countries the identification of organizations and individuals related to terrorism and terrorist financing as designated by Vietnam.

3. Money includes Vietnamese currency and foreign currency, represented either in cash or as deposits.

4. Assets include objects, money, valuable papers, and property rights as prescribed by the 2015 Civil Code, which may exist in physical or non-physical form, movable or immovable, tangible or intangible, as well as documents or legal instruments that prove ownership or interests in such assets.

5. Money and assets related to terrorism and terrorist financing include:

a) Money and assets that are owned, possessed, used, disposed of, controlled directly or indirectly, in part or in whole, by organizations or individuals listed as related to terrorism and terrorist financing;

b) Money and assets derived from money and assets that are owned, possessed, used, disposed of, controlled directly or indirectly, in part or in whole, by organizations or individuals listed as related to terrorism and terrorist financing;

c) Money and assets owned, possessed, used, disposed of, controlled directly or indirectly, in part or in whole, by organizations or individuals acting on behalf of organizations or individuals related to terrorism and terrorist financing, or by organizations or individuals under the influence, ownership, control, authorization, or direction of organizations or individuals listed as related to terrorism and terrorist financing;

d) Money and assets of organizations or individuals that are unlawfully used to provide support for organizations or individuals related to terrorism and terrorist financing, or money and assets obtained from acts of terrorism or terrorist financing.

6. Transaction delay refers to the act of an organization or individual refraining from conducting a transaction involving money or assets when there is a reasonable suspicion that the transaction is related to terrorism, for a maximum period of 3 working days from the time this measure is applied.

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

8. Blockade of money and assets related to terrorism and terrorist financing refers to the decision by an authorized agency or individual to maintain the status quo of accounts and prohibit deposits or withdrawals from the accounts; and to prohibit the movement, transfer, exchange, use, alteration, or destruction of money and assets related to terrorism and terrorist financing for a specified period as prescribed by this Decree.

9. Sealing money and assets related to terrorism and terrorist financing refers to the decision by an authorized agency or individual to close and mark with special signs to ensure the integrity and confidentiality of money and assets related to terrorism and terrorist financing for a specified period as prescribed by this Decree.

10. Temporary seizure of money and assets related to terrorism and terrorist financing refers to the decision by an authorized agency or individual to retain, preserve, and prohibit the circulation of money and assets related to terrorism and terrorist financing for a specified period as prescribed by this Decree.

11. Handling money and assets related to terrorism and terrorist financing refers to the process that an authorized agency or individual reviews and decides how to manage money and assets related to terrorism and terrorist financing through the following methods:

a) Confiscation, submission to the state budget, or destruction according to the law regulations;

b) Release and return to the legally entitled organizations or individuals if their money and assets were unlawfully seized or used by another organization or individual to provide support for organizations or individuals related to terrorism and terrorist financing;

c) Payment for the essential needs of individuals or families of those whose money or assets have been temporarily suspended, blocked, sealed, or seized, and disbursement for other legal obligations of organizations or individuals whose money or assets have been temporarily suspended, blocked, or temporarily seized if those organizations or individuals do not have money, assets and other resources of finance and economy;

d) Release and return money and assets to organizations or individuals that have been removed from or mistakenly identified as being on the list of organizations or individuals related to terrorism and terrorist financing.”.

4. To amend and supplement Article 4 as follows:

"Article 4. Principles for the circulation suspension, blockade, sealing, temporary seizure and handling of money and assets related to terrorism and terrorist financing; and the establishment of a list of organizations and individuals related to terrorism and terrorist financing

1. Ensure compliance with the conditions, duration, sequence, procedures, authority, and forms as prescribed by law regulations and in accordance with treaties to which the Socialist Republic of Vietnam is a party.

2. Ensure timely, effective, accurate, and objective actions that do not infringe upon the interests of the State or the legal rights and interests of agencies, organizations, and individuals.

3. Information about the names and other related details of organizations and individuals being considered for inclusion or removal from the list of organizations and individuals related to terrorism and terrorist financing shall be kept confidential until the authorized agency or individual notifies organizations or individuals of the inclusion in or removal from the list of those related to terrorism and terrorist financing and then publishes on the electronic portal of the Ministry of Public Security.

4. The delay of transactions, blockade of accounts, temporary suspension of circulation, blockade, sealing, and temporary seizure of money and assets related to terrorism and terrorist financing as prescribed in this Decree shall be implemented without delay and without prior notice.

5. The criteria, procedures, processes, and standard forms used to establish and propose the establishment of the list of organizations and individuals related to terrorism and terrorist financing to the United Nations Security Council shall comply with the resolutions of the United Nations Security Council adopted under Chapter VII of the United Nations Charter and the laws on counter-terrorism of Vietnam.

6. Agencies, organizations, and individuals suffering damage due to unlawful actions taken by authorized agencies, organizations, or individuals during the process of suspending circulations, blocking, sealing, temporarily seizing, or handling money and assets related to terrorism and terrorist financing, or during the establishment of the list of organizations and individuals related to terrorism and terrorist financing, are entitled to compensation in accordance with the law regulations.

7. The money, assets, rights, and interests of bona fide third parties shall be respected and protected. The procedures for handling the money and assets of bona fide third parties shall be carried out in accordance with the law regulations.".

5. Amend and supplement Article 5 as follows:

“Article 5. Prohibited acts

1. Exploiting the delay of transactions, temporary suspension of circulation, blockade, sealing, temporary seizure, or handling of money and assets related to terrorism and terrorist financing; or the establishment of the list of organizations and individuals related to terrorism and terrorist financing to infringe upon the interests of the State or the legal rights and interests of agencies, organizations, and individuals.

2. Disclosing the time, place, or content of postal items that have been opened, inspected, sealed, or temporarily seized as prescribed in this Decree and the laws on national security protection and ensuring social order and safety.

3. Facilitating, assisting, mobilizing, and directly or indirectly supporting, providing, in part or in whole, money, assets, financial and economic resources, financial services, and other services for organizations or individuals related to terrorism and terrorist financing; or for organizations or individuals acting on behalf of, under the influence, ownership, control, authorization, or direction of organizations or individuals related to terrorism and terrorist financing.".

6. To amend the title of Chapter II as follows:

“Chapter II

CONDITIONS, DURATION, AUTHORITY, AND PROCEDURES FOR CIRCULATION SUSPENSION, BLOCKADE, SEALING, TEMPORARY SEIZURE, AND HANDLING OF MONEY AND ASSETS RELATED TO TERRORISM AND TERRORIST FINANCING”

7. To add Article 6a after Article 6 as follows:

“Article 6a. Duration for reviewing and deciding on the circulation suspension, blockade, sealing, temporary seizure, and handling of money and assets related to terrorism and terrorist financing

The duration for reviewing and deciding on the circulation suspension, blockade, sealing, temporary seizure, and handling of money and assets related to terrorism and terrorist financing shall comply with the provisions of Articles 8, 9, and 10 of this Decree.”.

8. To amend and supplement Article 7 as follows:

“Article 7. Authority to suspend circulation, block, seal, and temporarily seize money and assets related to terrorism and terrorist financing

1. The Minister of Public Security has the authority to decide on the confiscation, submission to the state budget, or destruction of money and assets related to terrorism and terrorist financing; the return of money and assets related to terrorism and terrorist financing if such money and assets belonging to the legal ownership or management of agencies, organizations, or individuals were unlawfully seized or used by others to provide support for organizations or individuals related to terrorism and terrorist financing; and the revocation of decisions issued by the Minister or decisions issued by authorized individuals as prescribed in Clause 3 of this Article.

2. Within the scope of objectives and areas managed by the Ministry of National Defense, the Minister of National Defense has the authority to decide on the confiscation, submission to the state budget, or destruction of money and assets related to terrorism and terrorist financing; the return of money and assets related to terrorism and terrorist financing if such money and assets belonging to the legal ownership or management of agencies, organizations, or individuals were unlawfully seized or used by others to provide support for organizations or individuals related to terrorism and terrorist financing; and the revocation of decisions issued by the Minister or decisions issued by authorized individuals as prescribed in Clause 4 of this Article.

3. The Head of the Counter-Terrorism Agency of the Ministry of Public Security, the Director of Public Security of centrally-run cities and provinces (below referred to as provincial police), have the authority to request transaction delays and decide on the circulation suspension, blockade, sealing, and temporary seizure of money and assets related to terrorism and terrorist financing as prescribed in this Decree; consider and allow organizations or individuals whose money and assets have been suspended circulation, blocked, sealed, or temporarily seized to access and use part or all of the money and assets for essential personal or family needs, and paying for other legal obligations of organizations or individuals whose money and assets have been suspended circulation, blocked or temporarily seized if those organizations or individuals do not have money, assets and other resources of finance and economy.

4. Within the scope of objectives and areas managed by the Ministry of National Defense, the Head of the Counter-Terrorism Agency of the Ministry of National Defense has the authority to request transaction delays and decide on the circulation suspension, blockade, sealing, and temporary seizure of money and assets related to terrorism and terrorist financing as prescribed in this Decree; consider and allow organizations or individuals whose money and assets have been suspended circulation, blocked, sealed, or temporarily seized to access and use part or all of the money and assets for essential personal or family needs, and paying for other legal obligations of organizations or individuals whose money and assets have been suspended circulation, blocked or temporarily seized if those organizations or individuals do not have money, assets and other resources of finance and economy.".

9. To amend and supplement Article 8 as follows:

"Article 8. Delay of transactions, account blockade, suspension of circulation, blockade, sealing, temporary seizure, and handling of money and assets related to terrorism, terrorism financing through financial activities and business activities in related non-financial sectors and trades

1. Financial institutions or organizations and individuals engaged in related non-financial sectors and trades shall regularly inspect and contrast customers, customer transactions, and parties related to customer transactions with the list of organizations and individuals related to terrorism and terrorist financing. When there are grounds for suspicion or discovering that customers or parties involved in customer transactions are on the list of organizations or individuals related to terrorism and terrorist financing, or when there is reason to believe that the requested transaction is related to an organization or individual involved in activities related to terrorist financing, financial institutions or organizations and individuals engaged in related non-financial sectors and trades must immediately apply measures to delay the transaction.

Within 24 hours from the time of suspicion or discovery of money or assets related to terrorism or terrorist financing, the financial institutions or organizations and individuals engaged in related non-financial sectors and trades must immediately report the application of transaction delay measures and submit relevant documents to the Counter-Terrorism Department of the Ministry of Public Security or the Counter-Terrorism Agency of provincial police, and the agency performing the anti-money laundering functions and tasks under the State Bank of Vietnam; report suspicious transactions related to terrorism financing to the agency performing the anti-money laundering functions and tasks under the State Bank of Vietnam.

Within 48 hours of receiving the report from the financial institution, organization or individual doing business in the relevant non-financial sector, the Counter-Terrorism Department of the Ministry of Public Security or the Counter-Terrorism Agency of provincial police shall be responsible for checking, verifying and clarifying. In case it is determined that the customer or the parties involved in the customer's transaction are on the list of organizations or individuals involved in terrorism or terrorist financing or the requested transaction is related to an organization or individual committing an act related to the crime of financing terrorism, the head of the Counter-Terrorism Department of the Ministry of Public Security or the Director of the Provincial Department of Public Security shall issue a decision to freeze the account, temporarily suspend the circulation, freeze, seal or temporarily detain money or assets related to terrorism or terrorist financing and send the decision to the relevant agency, organization or individual for implementation. If the customer and the parties involved in the customer's transaction are not on the list of organizations or individuals involved in terrorism or terrorist financing, or the requested transaction is not related to an organization or individual committing an act related to the crime of terrorist financing, the head of the Counter-Terrorism Department of the Ministry of Public Security or the Director of the Provincial Department of Public Security shall issue a written notice to the relevant financial institution, organization or individual doing business in the non-financial industry or profession to immediately terminate the transaction delay.

If customers or parties involved in customer transactions fall under the objectives or areas managed by the Ministry of National Defense, the Counter-Terrorism Department of the Ministry of Public Security or the Counter-Terrorism Agency of provincial police shall transfer all files and documents to the Counter-Terrorism Department of the Ministry of National Defense for inspection, verification, and clarification. If the Counter-Terrorism Department of the Ministry of Defense determines that the customers or parties involved in customer transactions are on the list of organizations or individuals related to terrorism or terrorist financing, or the requested transaction is related to organizations and individuals involved in terrorist financing crimes, the head of the Counter-Terrorism Department of the Ministry of Defense shall issue a decision to block the account, suspend circulation, block, seal, or temporarily seize the money or assets related to terrorism or terrorist financing, and send the decision to the relevant agencies, organizations, or individuals for enforcement; if the customers or parties involved in customer transactions are not on the list of organizations and individuals related to terrorism or terrorist financing, or the requested transaction is not related to organizations and individuals involved in terrorist financing crimes, the head of the Counter-Terrorism Department of the Ministry of National Defense shall issue a written notice to the financial institutions or organizations and individuals engaged in related non-financial sectors and trades to immediately terminate the transaction delay.

2. During the process of professional activities or in the period of receiving and handling reports or complaints from organizations or individuals, if there are grounds to suspect that money or assets related to terrorism or terrorist financing are circulating in financial activities and business activities in related non-financial sectors and trades, the Counter-Terrorism Department of the Ministry of Public Security, the Counter-Terrorism Department of the Ministry of National Defense, the Counter-Terrorism Agency of provincial police shall issue a written request to the financial institutions or organizations and individuals engaged in related non-financial sectors and trades to immediately apply transaction delay measures.  

Within 72 hours from the time of transaction delay, the Counter-Terrorism Department of the Ministry of Public Security, the Counter-Terrorism Department of the Ministry of National Defense, the Counter-Terrorism Agency of provincial police shall inspect, verify, and clarify the situation. If the money or assets are determined to be related to terrorism or terrorist financing, the head of the Counter-Terrorism Department of the Ministry of Public Security, the head of the Counter-Terrorism Department of the Ministry of National Defense, or the Director of the Provincial Department of Public Security shall issue a decision requiring the financial institutions or organizations and individuals engaged in related non-financial sectors and trades to immediately block the account, suspend circulation, block, seal, or temporarily seize the money or assets for handling in accordance with the law regulations; if the money or assets are determined to be unrelated to terrorism or terrorist financing, the heads of the Counter-Terrorism Department of the Ministry of Public Security, the Counter-Terrorism Department of the Ministry of National Defense, or the Director of the Provincial Department of Public Security shall issue a written request to the financial institutions or organizations and individuals engaged in related non-financial sectors and trades to immediately terminate the transaction delay.

3. Within 72 hours from the issuance of the decision to block the account, suspend circulation, block, seal, or temporarily seize money or assets related to terrorism or terrorist financing, the head of the Counter-Terrorism Department of the Ministry of Public Security or the Director of the Provincial Department of Public Security shall report to the Minister of Public Security; the head of the Counter-Terrorism Department of the Ministry of National Defense shall report to the Minister of National Defense for review and decision on the handling of money or assets related to terrorism and terrorist financing.

4. Upon receiving the report from the heads of the Counter-Terrorism Department of the Ministry of Public Security, the Counter-Terrorism Department of the Ministry of National Defense, the Director of the Provincial Department of Public Security, the Minister of Public Security and the Minister of National Defense shall review and make a decision on the handling of money or assets related to terrorism or terrorist financing.

5. The time limit for the competent authorities to review and decide on the blockade of accounts, circulation suspension, blocking, sealing, temporary seizure, and handling of money or assets related to terrorism or terrorist financing, as prescribed in this Article shall not exceed 30 days. For cases with many complicated details or requiring inspection and verification in multiple locations, the time limit for reviewing and deciding on the blockade of accounts, circulation suspension, blocking, sealing, temporary seizure, and handling of money or assets related to terrorism or terrorist financing shall not exceed 60 days; if verification and evidence collection are required abroad, the time limit for reviewing and deciding on the blockade of accounts, circulation suspension, blocking, sealing, temporary seizure, and handling of money or assets related to terrorism or terrorist financing shall not exceed 90 days.”.

10. Amend and supplement Article 9 as follows:

“Article 9. Circulation suspension, blockade, sealing, temporary seizure, and handling of money and assets related to terrorism or terrorist financing through postal business activities

1. Postal service providers shall regularly inspect and contrast their service users with the list of organizations and individuals related to terrorism and terrorist financing.

Within 24 hours from the time there are grounds to suspect or discover that a postal service user is on the list of organizations and individuals related to terrorism or terrorist financing, the postal service provider must suspend the transportation and delivery of the postal items of the service user and immediately report to the Counter-Terrorism Department of the Ministry of Public Security or the Counter-Terrorism Agency of provincial police; if the postal service provider or the postal service user is under the management of the Ministry of National Defense, an immediate report must be made to the Counter-Terrorism Department of the Ministry of National Defense for verification and handling in accordance with the law regulations.

Within 48 hours of receiving the report from the postal service provider, the heads of the Counter-Terrorism Department of the Ministry of Public Security, the Counter-Terrorism Department of the Ministry of National Defense, the Director of the Provincial Department of Public Security shall direct the verification and clarification of information about the postal service user; issue a written request for the postal service provider to coordinate in unsealing and inspecting the postal items in accordance with legal procedures. During the period of unsealing and inspection, if the postal items are discovered to contain money or assets related to terrorism or terrorist financing, the heads of the Counter-Terrorism Department of the Ministry of Public Security, the Counter-Terrorism Department of the Ministry of National Defense, the Director of the Provincial Department of Public Security shall issue a decision to suspend the delivery, seal, and temporarily seize the postal items containing money or assets related to terrorism or terrorist financing for handling in accordance with the law regulations.

2. During the process of professional activities or in the period of receiving and handling reports or complaints from organizations or individuals, if there are grounds to suspect that postal items contain money or assets related to terrorism or terrorist financing, the Counter-Terrorism Department of the Ministry of Public Security, the Counter-Terrorism Department of the Ministry of National Defense, or the Counter-Terrorism Agency of provincial police shall issue a written request for the postal service provider to temporarily suspend the delivery for unsealing and inspection of the postal items. Within 24 hours from the time of receiving the written request from the competent authority, the postal service provider shall coordinate in the unsealing and inspection of the postal items according to law regulations. If postal items are found to contain money or assets related to terrorism or terrorist financing, the Counter-Terrorism Department of the Ministry of Public Security, the Counter-Terrorism Department of the Ministry of National Defense, or the Counter-Terrorism Agency of provincial police shall coordinate with the postal service provider to seal the items and immediately report to the heads of the Counter-Terrorism Department of the Ministry of Public Security, the Counter-Terrorism Department of the Ministry of National Defense, or the Director of the Provincial Department of Public Security to make a decision to temporarily seize the postal items containing money or assets related to terrorism or terrorist financing, then report to the Minister of Public Security and the Minister of National Defense for review and decision on the handling of the money or assets related to terrorism or terrorist financing.

3. Within 72 hours from the postal items are found to contain money or assets related to terrorism or terrorist financing as prescribed in Clause 1 and Clause 2 of this Article, the head of the Counter-Terrorism Department of the Ministry of Public Security, the Director of the Provincial Department of Public Security shall report to the Minister of Public Security, and the head of the Counter-Terrorism Department of the Ministry of National Defense shall report to the Minister of National Defense for review and decision on the handling of the money or assets related to terrorism or terrorist financing.

4. Upon receiving the report from the head of the Counter-Terrorism Department of the Ministry of Public Security, the Director of the Provincial Department of Public Security, the head of the Counter-Terrorism Department of the Ministry of National Defense, the Minister of Public Security and the Minister of National Defense shall review and make a decision on the handling of money or assets related to terrorism or terrorist financing.

5. The time limit for the competent authorities to review and decide on the sealing, temporary seizure, and handling of postal items containing money or assets related to terrorism or terrorist financing, as prescribed in this Article, shall not exceed 30 days. For cases with many complicated details or requiring inspection and verification in multiple locations, the time limit for reviewing and deciding on the sealing, temporary seizure, and handling of postal items containing money or assets related to terrorism or terrorist financing shall not exceed 60 days; if verification and evidence collection are required abroad, the time limit for reviewing and deciding on the sealing, temporary seizure, and handling of postal items containing money or assets related to terrorism or terrorism financing shall not exceed 90 days.

6. During the unsealing and inspection of postal items in the cases specified in this Article, if documents or objects are found to be related to other crimes, or documents and objects being prohibited from possession or circulation, the competent authority shall seal, temporarily seize, preserve, and transfer to the investigative authority for handling in accordance with the law regulations.

7. The procedures, processes, and locations for the unsealing, inspection, sealing, and temporary seizure of postal items as prescribed in this Article shall comply with the law regulations on national security protection and other relevant laws.”.

11. To amend and supplement Article 10 as follows:

“Article 10. Circulation suspension, blockade, sealing, temporary seizure, and handling of money and assets related to terrorism or terrorist financing through other activities

1. If Vietnamese organizations and individuals, foreign organizations, foreigners, and international organizations that conduct transactions with the financial institutions or organizations and individuals engaged in related non-financial sectors and trades, as well as other organizations and individuals, through their own activities, have grounds to suspect or discover that customers, customer transactions, or parties related to customer transactions are related to terrorism or terrorist financing, they must report to the Counter-Terrorism Department of the Ministry of Public Security, the Counter-Terrorism Department of the Ministry of National Defense, or the Counter-Terrorism Agency of provincial police within 24 hours for inspection, verification, clarification, and handling in accordance with this Decree.

2. Through professional activities or upon receiving and handling reports or complaints from organizations or individuals as prescribed in Clause 1 of this Article, if there are grounds to suspect that money or assets are related to terrorism or terrorist financing, the Counter-Terrorism Department of the Ministry of Public Security, the Counter-Terrorism Department of the Ministry of National Defense, the Counter-Terrorism Agency of provincial police must issue a written request for the financial institutions or organizations and individuals engaged in related non-financial sectors and trades to immediately apply transaction delay measures and cooperate in inspection, verification, and clarification. If the money or assets are found to be related to terrorism or terrorist financing, the head of the Counter-Terrorism Department of the Ministry of Public Security, the head of the Counter-Terrorism Department of the Ministry of National Defense, or the Director of the Provincial Department of Public Security shall issue a decision to block, seal, or temporarily seize the money or assets. Within 72 hours from the issuance of the decision to block, seal, or temporarily seize money or assets related to terrorism or terrorist financing, the head of the Counter-Terrorism Department of the Ministry of Public Security or the Director of the Provincial Department of Public Security shall report to the Minister of Public Security, and the head of the Counter-Terrorism Department of the Ministry of National Defense shall report to the Minister of National Defense for review and decision on the handling of money or assets related to terrorism or terrorist financing in accordance with the law regulations.

3. Upon receiving reports from the head of the Counter-Terrorism Department of the Ministry of Public Security, the Director of the Provincial Department of Public Security, or the head of the Counter-Terrorism Department of the Ministry of National Defense, the Minister of Public Security and the Minister of National Defense shall review and make a decision on the handling of money and assets related to terrorism and the terrorist financing.

4. The time limit for the competent authorities to review and decide on the circulation suspension, blockade, sealing, temporary seizure, or handling of money and assets related to terrorism and the terrorist financing as prescribed in this Article shall not exceed 30 days. For cases with many complicated details or requiring inspections and verification at multiple locations, agencies, or organizations, the time limit for reviewing and deciding on the circulation suspension, blockade, sealing, temporary seizure, and handling of money and assets related to terrorism and the terrorist financing shall not exceed 60 days. For cases requiring verification and evidence collection abroad, the time limit for reviewing and deciding on the circulation suspension, blockade, sealing, temporary seizure, and handling of money and assets related to terrorism and the terrorist financing shall not exceed 90 days.”.

12. To amend and supplement Article 11 as follows:

“Article 11. Inclusion in, removal from, and publication of the list of organizations and individuals related to terrorism and the terrorist financing

1. Criteria for consideration of inclusion in, or removal from, the list of organizations and individuals related to terrorism and the terrorist financing include:

a) Organizations and individuals that meet the criteria of Resolution No. 1267 (1999), Resolution No. 1988 (2011), Resolution No. 1989 (2011); the successor resolutions to Resolution No. 1267 (1999), Resolution No. 1988 (2011), Resolution No. 1989 (2011), and other resolutions of the United Nations Security Council adopted under Chapter VII of the United Nations Charter;

b) Requests from other countries regarding the designation of organizations and individuals that meet the criteria of Resolution No. 1373 (2001), the successor resolutions to Resolution No. 1373 (2001), and other resolutions of the United Nations Security Council adopted under Chapter VII of the United Nations Charter, and in accordance with the provisions of Vietnamese law on preventing and combating terrorism;

c) Based on the results of investigation, prosecution, trial, or through professional activities, competent authorities have grounds to suspect or detect that organizations or individuals have directed, participated in, assisted, or prepared to carry out one, several, or all of the acts prescribed in Clause 1 and Clause 2 of Article 3 of the 2013 Counter-Terrorism Law; organizations or individuals acting on behalf of organizations or individuals related to terrorism or the terrorist financing; organizations or individuals under the influence, ownership, control, authorization, or direction of organizations or individuals on the list of those related to terrorism or the terrorist financing.

2. The Counter-Terrorism Department of the Ministry of Public Security shall prepare the dossier, conduct the appraisal, and report to the Minister of Public Security for consideration of the proposal to include in or remove from the list of organizations and individuals related to terrorism and the terrorist financing. The dossier proposing the inclusion in or removal from the list of organizations and individuals related to terrorism and the terrorist financing includes: a submission to the Minister of Public Security and trustworthy information and documents to prove that organizations and individual meet the criteria for inclusion in or removal from the list of organizations and individuals related to terrorism and the terrorist financing as prescribed in Clause 1 of this Article. The review and proposal to the United Nations Security Council for inclusion in or removal from the list of organizations and individuals related to terrorism and the terrorist financing must comply with the standard procedures of the United Nations Security Council in accordance with the laws on treaties.

Upon receiving the report from the Counter-Terrorism Department of the Ministry of Public Security, the Minister of Public Security shall review the proposal to include in or remove from the list of organizations and individuals related to terrorism and the terrorist financing; seek opinions from the Ministry of Foreign Affairs, the Ministry of National Defense, the State Bank of Vietnam, and other relevant ministries and sectors so that the Minister of Public Security has the grounds to decide on the inclusion in or removal from the list of organizations and individuals related to terrorism as designated by Vietnam or requested by other countries; report to the Prime Minister for consideration and decision on proposing that the competent authority of the United Nations review and decide on the inclusion in or removal from the list of organizations and individuals related to terrorism and the terrorist financing as designated by the United Nations, or proposing that other countries include in or remove from the lists of organizations and individuals related to terrorism and the terrorist financing.

3. Within 24 hours from the time the competent authority of the United Nations or the competent authority and individuals of Vietnam update information, include in or remove from the list of organizations and individuals related to terrorism and the terrorist financing, the Ministry of Public Security shall publish this information on the electronic portal of the Ministry of Public Security; issue written communication to the ministries, sectors, and provincial People's Committees to notify the organizations and individuals prescribed in Clause 1, Article 2 of this Decree; guide the financial institutions or organizations and individuals engaged in related non-financial sectors and trades and other organizations and individuals to implement measures for delaying transactions, suspending circulation, blocking, sealing, temporarily seizing, and handling money and assets related to terrorism and the terrorist financing in accordance with the provisions of this Decree.

4. The financial institutions or organizations and individuals engaged in related non-financial sectors and trades, Vietnamese organizations and individuals, foreign organizations, foreigners, international organizations conducting transactions with the financial institutions or organizations and individuals engaged in related non-financial sectors and trades, postal service providers, and other organizations and individuals shall regularly update, check, and review the list of organizations and individuals related to terrorism and the terrorist financing as published on the electronic portal of the Ministry of Public Security and must immediately implement measures to delay transactions, suspend circulation, and block money and assets related to terrorism and the terrorist financing in accordance with the provisions of this Decree.”.

13. To amend and supplement Article 14 as follows:

“Article 14. Complaints, denunciations, and resolution of complaints and denunciations

1. Organizations and individuals have the rights to file complaints and denunciations regarding the circulation suspension, blockade, sealing, temporary seizure, and handling of money and assets related to terrorism and the terrorist financing; being included in the list of organizations and individuals related to terrorism and the terrorist financing.

2. The procedures, processes, authority, and responsibilities for resolving complaints and denunciations regarding the delay of transactions, account blockade, circulation suspension, blockade, sealing, temporary seizure, and handling of money and assets related to terrorism and the terrorist financing, as well as the inclusion in the list of organizations and individuals related to terrorism and the terrorist financing, shall comply with the provisions of the laws on complaints and denunciations.

3. The Counter-Terrorism Department of the Ministry of Public Security and the Permanent Mission of Vietnam to the United Nations are the main points of contact for receiving complaints and denunciations, and for responding to the resolution of complaints and denunciations from organizations and individuals that have been delayed transactions, blocked accounts, suspended the circulation, blocked, sealed, temporarily seized, and handled the money and assets related to terrorism and the terrorist financing; or have been included in the list of organizations and individuals related to terrorism and the terrorist financing as prescribed in this Decree.”.

14. To add Article 14a after Article 14 as follows:

“Article 14a. Handling of violations

Depending on the nature and severity of the violation, organizations and individuals that violate the provisions of this Decree shall be subject to disciplinary actions, administrative sanctions, or criminal prosecution and must provide compensation in accordance with the law regulations if any damages arise.”.

Article 2. Implementation provisions

1. This Decree takes effect from September 1, 2024.

2. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with relevant ministries and sectors in, guiding and organizing the implementation of this Decree.

3. The Ministers, the heads of ministerial-level agencies, the heads of Government-attached agencies, the chairpersons of People's Committees of provinces and centrally-run cities, and relevant organizations and individuals shall implement this Decree.