Decree No. 122/2013/ND-CP on suspending circulation, freezing, sealing, temporary detention, and handling of money and assets related to terrorism and terrorist financing; establishing lists of organizations and individuals related to terrorism and terrorist financing.

DECREE

Regulations on suspending circulation, freezing, sealing,

temporarily holding, and handling money and assets related to terrorism,

financing terrorism; establishing lists of organizations andindividuals related

to terrorism, financing terrorism

Pursuant to the Government Organization Law 2001;

Pursuant to the Anti-Money Laundering Law 2012.

Pursuant to the Counter-Terrorism Law 2013;

At the proposal of the Minister of Public Security,

The Government issues this Decree regulating the suspension of circulation, freezing, sealing, temporary holding, and handling of money and assets related to terrorism and financing terrorism; establishing lists of organizations and individuals related to terrorism and financing terrorism.

PART I
GENERAL PROVISIONS

1. This Decree stipulates conditions, procedures, forms, authority to decide on suspending circulation, freezing, sealing, temporary holding, and handling of money and assets related to terrorism and financing terrorism; establishing lists of organizations and individuals related to terrorism and financing terrorism.

2. The suspension of circulation, freezing, sealing, temporary holding, and handling of money and assets related to terrorism and financing terrorism in criminal cases shall be carried out in accordance with the provisions of criminal procedure laws.

This Decree applies to agencies, organizations, and individuals involved in the suspension of circulation, freezing, sealing, temporary holding, and handling of money and assets related to terrorism and financing terrorism; establishing lists of organizations and individuals related to terrorism and financing terrorism.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall be applied.

In this Decree, the following terms shall be understood as follows:

1. Organizations and individuals related to terrorism and financing terrorism are those organizations and individuals listed in the resolutions of the United Nations Security Council issued under Chapter VII of the United Nations Charter (the Security Council's designated list) and those organizations and individuals included in the blacklist established by the Ministry of Public Security in accordance with the law.

2. Establishing lists of organizations and individuals related to terrorism and financing terrorism includes compiling lists, removing from lists, announcing lists, proposing inclusion or removal from lists of organizations and individuals related to terrorism and financing terrorism; receiving and processing requests from other countries regarding the determination of whether organizations and individuals are related or unrelated to terrorism and financing terrorism.

3. Money includes Vietnamese currency and foreign currency in the form of cash or deposits.

4. Assets include movable and immovable property and rights over such property as defined in the Civil Code, which may exist in tangible or intangible form; movable or immovable property; visible or invisible property; legal instruments proving ownership or interest in such property.

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

a) Money and assets that are owned or possessed, used, disposed of, or directly or indirectly controlled, wholly or partially, by organizations and individuals listed in the lists of organizations and individuals related to terrorism and financing terrorism;

b) Money and assets derived from money and assets that are owned or possessed, used, disposed of, or directly or indirectly controlled, wholly or partially, by organizations and individuals listed in the lists of organizations and individuals related to terrorism and financing terrorism;

c) Money and assets that are owned or possessed, used, disposed of, or controlled by individuals or organizations acting on behalf of or under the direction of organizations and individuals listed in the lists of organizations and individuals related to terrorism and financing terrorism;

d) Money and assets used or intended for use in terrorist activities or financing terrorism, or obtained from acts of terrorism or financing terrorism.

6. Suspending circulation of money and assets related to terrorism and financing terrorism means that the competent agency or person with authority decides to retain such money and assets without allowing them to be moved, transferred, exchanged for a certain period of time.

7. Freezing money and assets related to terrorism and financing terrorism means that the competent agency or person with authority decides to maintain the status quo, not allowing entry into or withdrawal from accounts; not allowing movement, transfer, exchange, use, change, or destruction of such money and assets.

8. Sealing money and assets related to terrorism and financing terrorism means that the competent agency or person with authority decides to seal off and mark with special signs so that such money and assets remain intact and confidential.

9. Temporarily holding money and assets related to terrorism and financing terrorism means that the competent agency or person with authority decides to retain such money and assets for a certain period of time.

10. Handling money and assets related to terrorism and financing terrorism includes:

a) Confiscation for state funds or destruction in accordance with the law;

b) Returning to the rightful owner or legitimate manager if such money and assets were wrongfully taken or improperly used for terrorist activities or financing terrorism;

c) Costs for essential expenses serving the livelihood of individuals whose money and assets have been suspended from circulation, frozen, temporarily held, or handled, and costs for other lawful obligations of organizations and individuals whose money and assets have been suspended from circulation, frozen, temporarily held, or handled;

d) Release and return if organizations and individuals are removed from the lists of organizations and individuals related to terrorism and financing terrorism or if they are incorrectly identified as organizations and individuals related to terrorism and financing terrorism;

đ) Confiscation for state funds if the rightful owner or legitimate manager cannot be determined.

1. Ensuring compliance with conditions, procedures, forms, and authorities as prescribed by law and consistent with international treaties to which the Socialist Republic of Vietnam is a party.

2. Ensuring promptness, effectiveness, accuracy, without infringing upon the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals.

3. Information on the names of organizations and individuals under consideration for inclusion in the list of organizations and individuals related to terrorism and terrorist financing must be kept confidential until the relevant list is announced in accordance with this Decree.

4. Agencies, organizations, and individuals suffering losses due to unlawful acts committed by authorized agencies and organizations during the implementation of temporarily suspending circulation, sealing off, sealing up, temporary detention, and handling of money and assets related to terrorism and terrorist financing, or in the process of establishing lists of organizations and individuals related to terrorism and terrorist financing, shall be compensated in accordance with the law.

5. Money, assets, rights, and legitimate interests of third parties shall be respected and protected in accordance with the law.

1. Exploiting the temporary suspension of circulation, sealing off, sealing up, temporary detention, and handling of money and assets related to terrorism and terrorist financing; establishing lists of organizations and individuals related to terrorism and terrorist financing to infringe upon the interests of the State, rights, and legitimate interests of agencies, organizations, and individuals.

2. Disclosing the time, location, and content of mail opened and inspected in accordance with this Decree.

3. Directly or indirectly providing money, assets, financial resources, economic resources, financial services, or other services to organizations and individuals listed in the list of organizations and individuals related to terrorism and terrorist financing.

Money and assets subject to suspension of circulation, freezing, sealing, temporary detention, and handling according to the law when they fall within one of the cases stipulated in Clause 5, Article 3 of this Decree.

1. The Minister of Public Security has the authority to decide on confiscation for state funds or destruction of money and assets related to terrorism and terrorist financing; returning money and assets related to terrorism and terrorist financing in cases where such money and assets belong to the ownership or management of agencies, organizations, and individuals that have been wrongfully seized or illegally used for terrorist activities and terrorist financing; revoking decisions on handling issued by himself or by persons with authority as stipulated in Clause 2 of this Article.

2. The Director of Provincial Police Departments (hereinafter referred to collectively as Provincial Police Departments) has the authority to decide or revoke decisions on temporarily suspending circulation, sealing off, sealing up, and temporary detention of money and assets related to terrorism and terrorist financing for cases specified in Clause 1, Clause 2 of Article 8 and Clause 3 of Article 9 of this Decree.

The Director of the First General Department of Security under the Ministry of Public Security has the right to decide or revoke the decision to suspend circulation, freeze, seal, or temporarily detain money and assets related to terrorism and terrorist financing in cases stipulated in Clause 2, Article 8 and Article 10 of this Decree.

3. Based on actual needs, the Director General of the First National Security Service of the Ministry of Public Security or the Director of Provincial Police Departments may consider and permit organizations and individuals with sealed, temporarily detained, or sealed-off money and assets to access and use part of the funds, money, and assets under seal to pay for legal services, service fees for holding and preserving sealed-off money and assets, or expenses for food, accommodation, medical treatment, and other essential expenses. The permission and use of these essential expenses must comply with Vietnamese laws and international treaties to which Vietnam is a party.

Clause 1. Financial organizations, entities, and individuals engaged in non-financial business operations shall regularly inspect and immediately clarify any transactions of customers suspected of being related to terrorism and terrorist financing. Upon discovering funds and assets related to terrorism and terrorist financing, they must immediately cease circulation and freeze all such funds and assets, and simultaneously report in writing, along with relevant documents, to the Provincial Police Director for review and decision. Within three working days from the date of receipt of the report, the Provincial Police Director shall coordinate with the First General Department of Security of the Ministry of Public Security to examine; if the funds and assets have been correctly ceased circulation and frozen, belonging to organizations or individuals involved in terrorism and terrorist financing, then a decision shall be made to apply measures to cease circulation, freeze, seal, or temporarily detain, and send the decision to the relevant agencies, organizations, or individuals for enforcement. If the organization or individual does not belong to the list of organizations or individuals involved in terrorism and terrorist financing, a written notice shall be issued to the financial organization or entity engaged in non-financial business operations to immediately terminate the cessation of circulation and freezing that has been implemented.

Clause 2. In cases where there is evidence through operational activities or receiving and processing reports from organizations or individuals indicating that there are funds and assets related to terrorism and terrorist financing circulating in financial activities or non-financial business operations, the provincial anti-terrorism agency, the anti-terrorism agency under the First General Department of Security of the Ministry of Public Security shall cooperate with relevant agencies, organizations, or individuals to verify and clarify; request relevant agencies, organizations, or individuals to immediately cease circulation, freeze, seal, or temporarily detain such funds and assets, and report to the Provincial Police Director or the Director of the First General Department of Security of the Ministry of Public Security for review and decision. Within three working days from the date of receipt of the report, the Provincial Police Director or the Director of the First General Department of Security of the Ministry of Public Security shall examine; if the funds and assets are indeed those of organizations or individuals involved in terrorism and terrorist financing, a decision shall be made to apply measures to cease circulation, freeze, seal, or temporarily detain, and send the decision to the relevant agencies, organizations, or individuals for enforcement. If the organization or individual with such funds and assets does not belong to the list of organizations or individuals involved in terrorism and terrorist financing, a written notice shall be issued to the financial organization or entity engaged in non-financial business operations to immediately terminate the cessation of circulation and freezing that has been implemented.

Clause 3. When it is determined that there are funds and assets related to terrorism and terrorist financing, the Provincial Police Director and the Director of the First General Department of Security of the Ministry of Public Security shall report to the Minister of Public Security for review and decision on applying appropriate measures.

Clause 4. Within thirty days from the date of the decision to cease circulation, freeze, seal, or temporarily detain funds and assets related to terrorism and terrorist financing, the Minister of Public Security shall review and decide on the handling of such funds and assets. For cases with many complex circumstances or requiring verification and investigation in multiple locations, the time limit for making a decision shall not exceed sixty days; in cases requiring verification and collection of evidence abroad, the time limit shall not exceed ninety days from the date of the decision to freeze bank accounts, seal, or temporarily detain funds and assets related to terrorism and terrorist financing.

Clause 1. Postal service providers shall immediately report to the provincial Counter-Terrorism Agency upon discovering suspicious mail containing money or assets related to terrorism and terrorist financing, and cooperate with such agency to open, inspect, and handle the suspicious mail according to the provisions of this Decree.

Clause 2. Within no more than 24 hours from receiving the report from the postal service provider, the provincial Counter-Terrorism Agency must issue a request and cooperate with the postal service provider to open and inspect the suspicious mail. If it is determined that there is money or assets related to terrorism and terrorist financing, the provincial Counter-Terrorism Agency shall report to the Provincial Public Security Director for consideration and decision on applying measures according to the regulations.

Clause 3. In cases where, through operational activities or receipt and processing of reports from organizations or individuals, there is evidence suggesting that suspicious mail contains money or assets related to terrorism and terrorist financing, the provincial Counter-Terrorism Agency and the Counter-Terrorism Agency under the First General Department of Security of the Ministry of Public Security shall issue a request for the postal service provider to open the mail for inspection. If money or assets related to terrorism and terrorist financing are found, they shall report to the Provincial Public Security Director or the Director of the First General Department of Security of the Ministry of Public Security for consideration and decision on applying measures according to the regulations.

Within two working days from the date of receipt of the report, the Director of the Provincial Public Security Department or the Director of the First General Department of Security under the Ministry of Public Security shall be responsible for considering and deciding on the application of measures according to their authority or reporting to the Minister of Public Security for consideration and decision.

Clause 4. Within 30 days from the date of the decision to seal the mail temporarily detaining money or assets related to terrorism and terrorist financing, the Minister of Public Security shall be responsible for reviewing and deciding on the handling of such money and assets. For cases with many complex circumstances or requiring verification at multiple locations, the decision-making period shall not exceed 60 days; if verification and collection of evidence are required abroad, the period shall not exceed 90 days from the date of the decision to freeze accounts, seal, or temporarily detain money or assets related to terrorism and terrorist financing.

Clause 5. In cases where items or documents related to other crimes or prohibited from storage and circulation are discovered, the provincial Counter-Terrorism Agency and the Counter-Terrorism Agency under the First General Department of Security of the Ministry of Public Security shall temporarily detain them and transfer them to the competent investigative authority for handling according to the law.

Clause 6. In urgent situations requiring timely detection and prevention of mail containing money or assets related to terrorism and terrorist financing being sent abroad or from abroad to Vietnam, the provincial Counter-Terrorism Agency and the Counter-Terrorism Agency under the First General Department of Security of the Ministry of Public Security may require the postal service provider to suspend the circulation of such mail for up to 48 hours to request opening and inspection. If money or assets related to terrorism and terrorist financing are found, they shall report to the Provincial Public Security Director or the Director of the First General Department of Security of the Ministry of Public Security for consideration and decision on handling according to the law.

Clause 7. The opening, inspection, sealing of mail, and temporary detention of money and assets related to terrorism and terrorist financing must be recorded in a log according to the law.

1. Through operational activities or upon receiving and processing reports from organizations or individuals, if there is evidence indicating that there is money or assets related to terrorism and terrorist financing, the provincial-level Counter-Terrorism Agency under the Public Security Department or the Counter-Terrorism Agency under the First General Department of Security shall cooperate with relevant agencies, organizations, and individuals to verify and clarify. If it is determined that there is money or assets related to terrorism and terrorist financing, they must immediately report to the Director of the Provincial Public Security Department or the Director of the First General Department of Security for consideration and decision on applying measures according to the authority prescribed in this Decree.

Within two working days from the date of receipt of the report, the Director of the Provincial Public Security Department or the Director of the First General Department of Security under the Ministry of Public Security shall be responsible for considering and deciding on the application of measures according to their authority or reporting to the Minister of Public Security for consideration and decision.

2. Within thirty days from the date of the decision to suspend circulation, freeze, seal, or temporarily detain money and assets related to terrorism and terrorist financing, the Minister of Public Security shall be responsible for considering and deciding on the handling of such money and assets according to the provisions of Clause 1, Article 7 of this Decree. For cases with many complex circumstances or requiring verification and investigation at multiple locations, agencies, or organizations, the maximum time limit for making a decision shall not exceed sixty days from the date of the decision to suspend circulation, freeze, seal, or temporarily detain money and assets related to terrorism and terrorist financing. For cases requiring verification and collection of evidence abroad, the maximum time limit shall not exceed three months from the date of the decision to suspend circulation, freeze, seal, or temporarily detain money and assets related to terrorism and terrorist financing. The decision must be in writing, signed by the person making the decision, stamped, and immediately transferred to relevant agencies, organizations, or individuals for implementation.

3. The period of suspension of circulation, freezing, sealing, and temporary detention of money and assets related to terrorism and terrorist financing, decided by the competent public security agency according to the provisions of this Decree, shall be applied until such organization or individual is removed from the list of organizations and individuals associated with terrorism and terrorist financing.

Chapter III
ESTABLISHING THE LIST OF ORGANIZATIONS AND INDIVIDUALS ASSOCIATED OR NOT ASSOCIATED WITH TERRORISM AND TERRORIST FINANCING

1. The basis for establishing, removing from the list of organizations and individuals related to terrorism and terrorist financing includes:

a) Resolutions of the United Nations Security Council adopted under Chapter VII of the United Nations Charter;

b) Requests from other countries;

c) Results of criminal investigation, prosecution, and trial activities of criminal proceedings agencies;

d) By their own operations, competent Vietnamese agencies have grounds to believe that an individual or organization has committed or is preparing to commit one of the acts specified in Clause 1 and Clause 2, Article 3 of the Law on Prevention and Combating Terrorism.

2. The Ministry of Public Security shall be responsible for coordinating with the Ministry of Foreign Affairs, the Ministry of National Defense, the State Bank of Vietnam, and relevant ministries and sectors to promptly update the list designated by the United Nations Security Council and, based on the provisions of Clause 1 of this Article, establish, remove from the list of organizations and individuals related to terrorism and terrorist financing, and publicly announce on the Ministry of Public Security's electronic portal the list of organizations and individuals related to terrorism and terrorist financing; organizations and individuals removed from the list of organizations and individuals related to terrorism and terrorist financing.

3. Financial institutions, non-financial business organizations, and other relevant agencies and organizations must regularly update the list of organizations and individuals related to terrorism and terrorist financing; organizations and individuals removed from the list of organizations and individuals related to terrorism and terrorist financing, and implement the temporary suspension of circulation and freezing of funds and assets related to terrorism and terrorist financing in accordance with this Decree.

Article 12. Proposing inclusion in, and removal from, the list designated by the United Nations Security Council

1. When discovering organizations and individuals meeting the criteria to be determined as organizations and individuals related to terrorism and terrorist financing according to resolutions of the United Nations Security Council adopted under Chapter VII of the United Nations Charter but not yet included in the list designated by the United Nations Security Council, the Ministry of Public Security shall coordinate with the Ministry of Foreign Affairs, the Ministry of National Defense, the State Bank of Vietnam, and relevant ministries and sectors to establish a list, report to the Prime Minister for consideration and decision on proposing the competent authority of the United Nations to include those organizations and individuals in the list designated by the United Nations Security Council.

2. In cases where organizations and individuals listed in the list designated by the United Nations Security Council do not meet the criteria to be determined as organizations and individuals related to terrorism and terrorist financing according to resolutions of the United Nations Security Council adopted under Chapter VII of the United Nations Charter, the Ministry of Public Security shall coordinate with relevant ministries and sectors to report to the Prime Minister for consideration and decision on proposing the competent authority of the United Nations to remove those organizations and individuals from the list designated by the United Nations Security Council.

Article 13. Receiving and processing requests from other countries regarding the determination of organizations and individuals related or unrelated to terrorism and terrorist financing; requesting other countries to determine organizations and individuals related or unrelated to terrorism and terrorist financing.

1. When receiving a request from another country regarding the determination of organizations and individuals related or unrelated to terrorism and terrorist financing, the Ministry of Public Security shall be responsible for coordinating with the Ministry of Foreign Affairs, the Ministry of National Defense, the State Bank of Vietnam, and relevant ministries and sectors to examine. If there is reasonable basis to believe that such organization or individual is related or unrelated to terrorism and terrorist financing, the Minister of Public Security shall decide whether to include or exclude such organization or individual in the list of organizations and individuals related to terrorism and terrorist financing and notify the requesting country.

2. When discovering an organization or individual meeting the criteria for determining them as organizations and individuals related to terrorism and terrorist financing according to United Nations Security Council resolutions adopted based on Chapter VII of the United Nations Charter, or an organization or individual has carried out or prepared to carry out one of the acts specified in Clause 1 and Clause 2, Article 3 of the Law on Prevention and Combating Terrorism but not yet determined by the relevant country as organizations and individuals related to terrorism and terrorist financing, the Ministry of Public Security shall be responsible for coordinating with the Ministry of Foreign Affairs, the Ministry of National Defense, the State Bank of Vietnam, and relevant ministries and sectors to report to the Prime Minister for consideration and decision on requesting the relevant country to determine such organization or individual as being related to terrorism and terrorist financing.

3. When seeing an organization or individual identified by another country as being related to terrorism and terrorist financing but not conforming to the criteria stipulated in United Nations Security Council resolutions adopted based on Chapter VII of the United Nations Charter, or not being an organization or individual who has carried out or prepared to carry out one of the acts specified in Clause 1 and Clause 2, Article 3 of the Law on Prevention and Combating Terrorism, the Ministry of Public Security shall coordinate with the Ministry of Foreign Affairs, the Ministry of National Defense, the State Bank of Vietnam, and relevant ministries and sectors to report to the Prime Minister to issue a document requesting the relevant country to remove such organization or individual from the list of organizations and individuals related to terrorism and terrorist financing.

1. Organizations and individuals have the right to lodge complaints and denunciations regarding the temporary suspension of circulation, freezing, sealing, temporary detention, and handling of money and assets related to terrorism and terrorist financing; being included in the list of organizations and individuals related to terrorism and terrorist financing.

2. The procedures, formalities, authority, and responsibility for resolving complaints and denunciations regarding the temporary suspension of circulation, freezing, sealing, temporary detention, and handling of money and assets related to terrorism and terrorist financing, and the inclusion in the list of organizations and individuals related to terrorism and terrorist financing shall be implemented in accordance with the laws on complaints and denunciations.

Chapter IV
IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Decree takes effect from October 11, 2013.

Article 16. Responsibility for Implementation

1. The Minister of Public Security shall be responsible for coordinating with relevant ministries and sectors to guide, inspect, and monitor the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.