Joint Circular No. 02/2023/TTLT-BCA-VKSNDTC-TANDTC on cooperation in exchanging information during investigation, prosecution, and trial of money laundering and terrorist financing offenses

JOINT CIRCULAR

Regulations on Coordination in Exchanging Information in Investigation, Prosecution, and Trial of Money Laundering and Terrorist Financing Offenses

adjudicating money laundering offenses and terrorism financing offenses

BASED ON THE CRIMINAL CODE No. 100/2015/QH13 dated November 27, 2015; LAW No. 12/2017/QH14 dated June 20, 2017 amending and supplementing certain articles of the Criminal Code;

          Pursuant to the Criminal Procedure Code No. 101/2015/QH13 dated November 27, 2015; Law No. 02/2021/QH15 dated November 12, 2021 amending and supplementing certain articles of the Criminal Procedure Code;  

BASED ON THE CRIMINAL PROCEDURE CODE No. 101/2015/QH13 dated November 27, 2015; LAW No. 02/2021/QH15 dated November 12, 2021 amending and supplementing certain articles of the Criminal Procedure Code;

          The Minister of Public Security, the Prosecutor General of the Supreme People's Procuracy, and the President of the Supreme People's Court jointly issue regulations on coordinating information exchange among judicial organs in the investigation, prosecution, and adjudication of money laundering offenses and terrorism financing offenses.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

BASED ON THE LAW ON ENACTING LEGAL DOCUMENTS No. 80/2015/QH13 dated June 22, 2015; LAW No. 63/2020/QH14 dated June 18, 2020 amending and supplementing certain articles of the Law on Enacting Legal Documents;

Article 2. Applicability

The Minister of Public Security, the Prosecutor General of the Supreme People's Procuracy, and the President of the Supreme People's Court jointly issue these regulations on coordination in exchanging information among investigative agencies in investigation, prosecution, and trial of money laundering and terrorist financing offenses.

2. Other relevant agencies, organizations, and individuals.

Joint Circular No. 02/2023/TTLT-BCA-VKSNDTC-TANDTC stipulates the coordination in exchanging information among authorized investigative agencies of the Public Security Organs, the People's Procuracy, and the People's Courts in investigation, prosecution, and trial of money laundering and terrorist financing offenses.

1. Investigative agencies and persons with authority to conduct criminal proceedings of the Public Security Organs, the People's Procuracy, and the People's Courts.

Article 3. Purpose of Coordination

1. Ensuring timely coordination and direction from central to local investigative agencies to promptly resolve difficulties and obstacles in the work of investigating, prosecuting, and trying money laundering and terrorist financing offenses.

2. Enhancing responsibility and effectiveness in performing assigned tasks by investigative agencies in exchanging information to serve the work of investigating, prosecuting, and trying money laundering and terrorist financing offenses.

Article 4. Principles of Coordination

1. Adhering strictly to the functions, duties, and powers of each investigative agency as prescribed by law.

2. Being carried out regularly to ensure timely acquisition of information contributing to coordinated resolution of cases in accordance with the law.

3. Ensuring state secrets and operational secrecy as prescribed by law and internal regulations of each agency.

4. The exchange of information and coordination in conducting criminal proceedings for money laundering and terrorist financing offenses must comply with the provisions of the Criminal Procedure Code 2015 (amended and supplemented in 2021), relevant legal documents currently in force, and the provisions of this Circular.

Article 5. Prohibited Acts

Article 6. Confidential Information and Public Information in Money Laundering and Terrorist Financing Investigations, Prosecutions, and Trials

Clause 1. State Secrets and Work Secrets: Such information relates to the process of investigating, prosecuting, and trying money laundering and terrorist financing crimes that fall within the scope of state secrets and work secrets.

Clause 2. Public Information: Such information relates to the process of investigating, prosecuting, and trying money laundering and terrorist financing crimes that do not fall within the scope of state secrets and work secrets.

Article 7. Scope of Information Exchange

Clause 1. During the Investigation Stage: Investigative authority over criminal cases (for cases with jurisdictional disputes); consolidation, separation of criminal cases; issues requiring proof in criminal cases; proving the flow of funds; evidence; asset appraisal and valuation; application and modification of preventive measures; mutual legal assistance in criminal matters; termination of investigation of criminal cases, termination of suspect investigations; temporary suspension of criminal case investigations, temporary suspension of suspect investigations; seizure of assets, freezing of bank accounts, temporary detention of objects and documents; application of measures for handling evidence and other information during the investigation stage deemed necessary for exchange by competent authorities conducting prosecution proceedings.

Clause 2. During the Prosecution Stage: Consolidation, separation of criminal cases during the prosecution stage; decision to transfer cases for prosecution according to jurisdiction; indictment decision; decision to return case files for supplementary investigation; termination of criminal cases, termination of suspects; temporary suspension of criminal cases, temporary suspension of suspects; resumption of cases and other information deemed necessary for exchange by competent authorities conducting prosecution proceedings.

Clause 3. During the Trial Stage: Transfer of cases during trial, transfer of case files and evidence; bringing cases to trial; developing trial plans and coordinating exchanges in organizing court protection and other information during the trial stage deemed necessary for exchange by competent authorities conducting prosecution proceedings.

Article 8. Forms of Cooperation

Clause 1. Direct Exchange: Organizing inter-sector meetings at various levels of specialists or inter-sector leadership, forming inter-sector working groups to guide or other forms of direct cooperation serving the investigation, prosecution, and trial of money laundering and terrorist financing crimes.

Clause 2. Indirect Exchange: Providing information through written documents, electronic communication means, and other forms of indirect cooperation.

Chapter II

 SPECIFIC PROVISIONS

Article 9. Cooperation in Exchanging Information in the Investigation and Prosecution of Source Crimes of Money Laundering and Terrorist Financing

Clause 1. During the investigation of crimes that may be source crimes of money laundering; during the investigation of terrorism crimes, the Investigative Agency must investigate, verify, clarify signs of money laundering and terrorist financing crimes, and promptly exchange information and materials with the same-level Prosecutor's Office. At least five days before deciding to initiate a case on money laundering and terrorist financing crimes, the Investigative Agency must coordinate with the same-level Prosecutor's Office.

Clause 2. During the exercise of public prosecution rights and supervision of investigations of cases involving acts that may be source crimes of money laundering or terrorism, the Prosecutor's Office must promptly identify, exchange information with the Investigative Agency, and propose investigative requirements to clarify signs of money laundering and terrorist financing crimes.

Clause 3. Before concluding the investigation, Investigators and Prosecutors must cooperate in exchanging information, reviewing, and evaluating evidence and procedural documents of the case, ensuring that the investigation adheres strictly to legal procedures. Investigators and Prosecutors must record information exchanges, evaluate evidence, and file documents for each agency.

Article 10. Coordination in exchanging information for the establishment, submission, and receipt of mutual legal assistance files in criminal matters

1. During the process of establishing mutual legal assistance files in criminal matters related to money laundering and terrorist financing offenses, the Investigative Agency shall coordinate with the People's Procuracy at the same level to proactively exchange information with the competent agency of the Supreme People's Procuracy to comply with regulations. In cases where there are difficulties or obstacles during the establishment of mutual legal assistance files in criminal matters, the Investigative Agency shall exchange information with the relevant unit of the Supreme People's Procuracy to receive guidance and resolution.

2. The competent agency of the Supreme People's Procuracy shall coordinate to resolve requests for judicial assistance in criminal matters concerning money laundering and terrorist financing offenses, no later than ten days from the date of receiving the request for mutual legal assistance in criminal matters, providing information on the results of transferring the mutual legal assistance file in criminal matters to the central coordinating agencies of other countries for the Investigative Agency. In cases requiring additional files or documents, the competent agency of the Supreme People's Procuracy shall immediately exchange information so that the Investigative Agency can implement them.

3. No later than five days from the date of receiving the response to the request for mutual legal assistance in criminal matters from other countries regarding money laundering and terrorist financing offenses, the competent agency of the Supreme People's Procuracy must exchange and transfer such information to the Investigative Agency that made the request.

4. Upon receiving foreign judicial assistance in criminal matters concerning money laundering and terrorist financing offenses, the Supreme People's Procuracy shall coordinate with the Ministry of Public Security to evaluate the acceptance, delay, or refusal of such assistance. If the decision is to accept, no later than ten days from the date of receiving the request for foreign judicial assistance in criminal matters, the Supreme People's Procuracy shall coordinate and transfer it to the Ministry of Public Security to assign the Investigative Agency with jurisdiction to investigate and resolve according to the law. The Supreme People's Procuracy shall coordinate with the Ministry of Public Security to resolve difficulties and obstacles in implementing foreign requests for judicial assistance in criminal matters.

Article 11. Coordination in exchanging information for conducting temporary detention, seizure, and freezing of accounts

1. Prior to implementing measures to seize assets of suspects involved in money laundering and terrorist financing offenses or freezing accounts of persons accused of money laundering and terrorist financing offenses, the Investigator shall proactively exchange information and coordinate with the Prosecutor handling the case to assess the basis, damage caused by money laundering and terrorist financing offenses, assets to be recovered, the amount of assets to be seized from the suspect, and the amount to be frozen in the account of the accused person.

Temporary detention, seizure of assets of suspects involved in money laundering and terrorist financing offenses, or freezing of accounts of persons accused of money laundering and terrorist financing offenses must be carried out in accordance with the procedures and formalities stipulated in the Criminal Procedure Code; immediately after implementing the asset seizure measure or account freeze, the Investigative Agency shall notify the People's Procuracy at the same level.

2. Regularly, the Investigative Agency, People's Procuracy, and Court at the same level shall coordinate and exchange information to assess temporarily detained, seized, or frozen assets, and recovered assets in money laundering and terrorist financing cases.

Article 12. Coordination Units

1. The Investigation Security Department under the Ministry of Public Security, the Prosecution and Supervision of Criminal Cases Department under the Supreme People's Procuracy, and the First Inspection Office under the Supreme People's Court shall be the coordination units assisting the leadership of the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court in organizing the implementation of this Joint Circular.

2. The Investigation Security Division under the provincial police force, the Prosecution and Supervision of Criminal Cases Division under the provincial people's procuracy, and the Provincial People's Court Office shall be the coordination units assisting the leadership of provincial agencies in organizing the implementation of this Joint Circular.

3. The coordination units shall be responsible for advising the leadership of their respective sectors on monitoring, urging, guiding, and inspecting the implementation of this Joint Circular.

Article 13. Responsibilities of the Ministry of Public Security

1. Annually, develop and organize the implementation of Programs and Plans for coordination in investigative work, prosecution, and trial of money laundering and terrorist financing crimes according to the functions and tasks of the Ministry of Public Security.

2. Annually, take the lead and coordinate with the Supreme People's Procuracy and the Supreme People's Court to organize inter-sectoral meetings, involving relevant ministries and sectors, to assess the situation of preventing and combating money laundering and terrorist financing crimes, the results of implementing this Joint Circular, resolving difficulties and obstacles, and proposing solutions to improve the quality and effectiveness of investigative, prosecutorial, and trial work for money laundering and terrorist financing crimes.

3. Coordinate with the Supreme People's Procuracy and the Supreme People's Court to review, draft, and issue related documents concerning the enforcement of laws in investigative, prosecutorial, and trial work for money laundering and terrorist financing crimes in accordance with legal procedures and regulations.

4. Coordinate with the Supreme People's Procuracy to guide and direct the resolution of difficulties and obstacles faced by investigation agencies within the public security forces during the investigation of money laundering and terrorist financing crimes. Higher-level investigation agencies have the responsibility to provide guidance on procedural matters and laws, promptly receive information, and respond to inquiries from lower-level investigation agencies to ensure that the process adheres to legal provisions.

5. Organize mid-term and final reviews, draw lessons learned from the investigation of money laundering and terrorist financing crimes; direct the drafting of Procedures and Guidelines for implementing this Joint Circular within the public security forces.

Article 14. Responsibilities of the Supreme People's Procuracy

1. Annually, develop and organize the implementation of Programs and Plans for coordination in investigative work, prosecution, and trial of money laundering and terrorist financing crimes according to the functions and tasks of the Supreme People's Procuracy.

2. Annually, coordinate with the Ministry of Public Security to organize inter-sectoral meetings to assess the situation of preventing and combating money laundering and terrorist financing crimes, the results of implementing this Joint Circular, resolving difficulties and obstacles, and proposing solutions to improve the quality and effectiveness of investigative, prosecutorial, and trial work for money laundering and terrorist financing crimes. At least ten days before organizing the meeting, the Supreme People's Procuracy shall send a document to the Ministry of Public Security regarding the content and other issues related to the organization of the meeting.

3. Coordinate with the Ministry of Public Security and the Supreme People's Court to review, draft, and issue related documents concerning the enforcement of laws in investigative, prosecutorial, and trial work for money laundering and terrorist financing crimes in accordance with legal procedures and regulations.

4. Coordinate with the Ministry of Public Security to guide and direct the resolution of difficulties and obstacles faced by investigation agencies within the public security forces during the investigation of cases involving money laundering and terrorist financing crimes. Higher-level procuracies have the responsibility to provide guidance on procedural matters and laws, promptly receive information, and respond to inquiries from lower-level procuracies to ensure that the process adheres to legal provisions.

5. Organize mid-term and final reviews, draw lessons learned from the exercise of prosecution rights and supervision of the initiation, investigation, prosecution, and trial of money laundering and terrorist financing crimes.

Article 15. Responsibilities of the Supreme People's Court

1. Annually, develop and organize the implementation of the Program and Plan for coordination in the work of investigating, prosecuting, and adjudicating money laundering and terrorist financing crimes according to the functions of the Supreme People's Court.

2. Annually, coordinate with the Ministry of Public Security to organize inter-sector meetings to assess the situation of preventing and combating money laundering and terrorist financing crimes, the results of implementing the Joint Circular, resolve difficulties and obstacles, propose solutions to improve the quality and effectiveness of the work of investigating, prosecuting, and adjudicating money laundering and terrorist financing crimes. At least ten days before organizing the meeting, the Supreme People's Court shall send a document to the Ministry of Public Security regarding the content and other related issues to serve the organization of the meeting.

3. Coordinate with the Ministry of Public Security and the Supreme People's Procuracy to review, draft, and issue relevant documents concerning the enforcement of laws in the investigation, prosecution, and adjudication of money laundering and terrorist financing crimes in accordance with the prescribed procedures and regulations of the law.

4. Promptly direct the resolution of difficulties and obstacles of courts at all levels in their adjudication activities of cases involving money laundering and terrorist financing crimes.

5. Direct the mid-term and final reviews of adjudication, draw lessons learned, and the activities of lower-level courts in adjudicating money laundering and terrorist financing cases.

Chapter III

IMPLEMENTATION

Article 16. Effective Date

This Joint Circular takes effect from May 25, 2023.

Article 17. Responsibility for Implementation

1. The Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court shall be responsible for directing and organizing the implementation of this Joint Circular.

2. During the implementation of this Joint Circular, if any difficulties arise or issues requiring guidance occur, they shall report to the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court for timely explanation and guidance.