Decree No. 93/2024/NĐ-CP amending and supplementing some articles of Decree No. 122/2013/NĐ-CP dated October 11, 2013 on temporarily suspending 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.

DECREE

Amending and supplementing certain articles of Decree No. 122/2013/NĐ-CP dated October 11, 2013 on suspending circulation, freezing, sealing, temporary detention, and handling of funds and assets related to terrorism and terrorist financing; establishing lists of organizations and individuals related to terrorism and terrorist financing freeze, seal up, detain and dispose of money and assets related to terrorism and terrorist financing; establish a list of organizations and individuals related to terrorism and terrorist financing related to terrorism and terrorist financing; establish a list of organizations and individualsrelated to terrorism and terrorist financing

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

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

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Prevention and Combating Terrorism dated June 12, 2013;

Pursuant to the Law on Prevention and Combating Money Laundering dated November 15, 2022;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 122/2013/NĐ-CP dated October 11, 2013 on suspending circulation, freezing, sealing, temporary detention, and handling of funds and assets related to terrorism and terrorist financing; establishing lists of organizations and individuals related to terrorism and terrorist financing.

Article 1. Amending and supplementing certain articles of Decree No. 122/2013/NĐ-CP dated October 11, 2013 of the Government on suspending circulation, freezing, sealing, temporary detention, and handling of funds and assets related to terrorism and terrorist financing; establishing lists of organizations and individuals related to terrorism and terrorist financing

1. Amend and supplement Article 1 as follows:

"Article 1. Scope of Regulation

1. This Decree stipulates conditions, time limits, procedures, forms, and authorities for deciding to suspend circulation, freeze, seal, temporarily detain, handle funds and assets related to terrorism and terrorist financing; establish lists of organizations and individuals related to terrorism and terrorist financing, except for cases provided for in Clause 2 and Clause 3 of this Article.

2. Suspension of circulation, freezing, sealing, temporary detention, and handling of funds and assets related to terrorism and terrorist financing in criminal cases shall be carried out in accordance with the provisions of criminal procedure laws.

3. The provisions on suspension of circulation, freezing, sealing, temporary detention, and handling of funds and assets related to terrorism and terrorist financing set forth in this Decree shall not apply to diplomatic bags, consular bags; official correspondence of diplomatic missions, consular posts; documents, correspondence, assets of diplomatic officials as prescribed in Ordinance No. 25-L/CTN dated August 23, 1993 of the Standing Committee of the National Assembly on privileges and immunities granted to diplomatic missions, consular posts, and representative offices of international organizations in Vietnam."

2. Amending and supplementing Article 2 as follows:

"Article 2. Applicability

1. This Decree applies to financial institutions; organizations and individuals engaged in non-financial industries related thereto; Vietnamese organizations and individuals, foreign organizations, foreigners, international organizations conducting transactions with financial institutions, organizations and individuals engaged in non-financial industries related thereto; postal service providers; other organizations and individuals and authorities with the power to suspend circulation, freeze, seal, temporarily detain, and handle funds and assets related to terrorism and terrorist financing; establish lists of organizations and individuals related to terrorism and terrorist financing.

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

3. Amend and supplement Article 3 as follows:

"Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Organizations and individuals related to terrorism and terrorist financing are any organization or individual included in the list of organizations and individuals related to terrorism and terrorist financing designated based on Chapter VII of the United Nations Charter through resolutions of the United Nations Security Council (hereinafter referred to as the list designated by the United Nations Security Council) or any organization or individual included in the list of organizations and individuals related to terrorism and terrorist financing designated according to Vietnamese law (hereinafter referred to as the list designated by Vietnam).

2. Establishing lists of organizations and individuals related to terrorism and terrorist financing includes adding to, removing from, and publishing lists of organizations and individuals related to terrorism and terrorist financing designated by Vietnam; proposing to add to, remove from, and publish lists of organizations and individuals related to terrorism and terrorist financing designated by the United Nations Security Council; receiving and processing requests from other countries regarding the determination of whether organizations and individuals are related to terrorism and terrorist financing; proposing that other countries determine organizations and individuals related to terrorism and terrorist financing designated by Vietnam.

3. Funds include Vietnamese currency and foreign currencies expressed in cash or deposits.

4. Assets include objects, money, negotiable instruments, and property rights as defined in the Civil Code 2015, which may exist in tangible or intangible, movable or immovable, visible or invisible forms, and legal documents or instruments proving ownership or interest in such assets.

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

a) Funds and assets directly or indirectly owned, possessed, used, disposed of, or controlled, wholly or partially, by organizations and individuals included in the list of organizations and individuals related to terrorism and terrorist financing;

b) Funds and assets derived from funds and assets directly or indirectly owned, possessed, used, disposed of, or controlled, wholly or partially, by organizations and individuals included in the list of organizations and individuals related to terrorism and terrorist financing;

c) Funds and assets directly or indirectly owned, possessed, used, disposed of, or controlled, wholly or partially, by organizations and individuals acting on behalf of organizations and individuals related to terrorism and terrorist financing, organizations and individuals subject to control, ownership, or authorization or direction by organizations and individuals included in the list of organizations and individuals related to terrorism and terrorist financing;

d) Funds and assets of organizations and individuals used unlawfully to provide support to organizations and individuals related to terrorism and terrorist financing or obtained from acts of terrorism and terrorist financing.

6. Delaying transactions means that organizations and individuals do not carry out transactions involving funds and assets suspected of being related to terrorism within the maximum period of three working days from the date of applying this measure.

7. Suspension of circulation for money and assets related to terrorism and terrorist financing refers to the competent authority's decision to prohibit the movement, transfer, exchange, use, alteration, or destruction of such money and assets within a specified period as provided for in this Decree.

8. Freezing of money and assets related to terrorism and terrorist financing refers to the competent authority's decision to maintain the status quo, prohibiting the entry into or withdrawal from accounts; prohibiting the movement, transfer, exchange, use, alteration, or destruction of such money and assets within a specified period as provided for in this Decree.

9. Sealing of money and assets related to terrorism and terrorist financing refers to the competent authority's decision to securely close and mark with special signs to keep intact and confidential such money and assets within a specified period as provided for in this Decree.

10. Temporary detention of money and assets related to terrorism and terrorist financing refers to the competent authority's decision to retain and store, prohibiting the circulation of such money and assets within a specified period as provided for in this Decree.

11. Handling of money and assets related to terrorism and terrorist financing refers to the competent authority's examination and decision on the use of such money and assets through the following forms:

a) Confiscation and submission to the state budget or destruction in accordance with the law;

b) Release and return to the organization or individual who legally owns or manages the assets that were wrongfully seized or used illegally to provide support to organizations or individuals involved in terrorism and terrorist financing;

c) Payment for essential needs of individuals and families whose money and assets have been suspended from circulation, frozen, sealed, or temporarily detained, and settlement of other legitimate obligations of organizations or individuals whose money and assets have been suspended from circulation or temporarily detained when those organizations or individuals lack other sources of funds or economic resources;

d) Release and return of money and assets to organizations or individuals removed from the list of organizations or individuals involved in terrorism and terrorist financing or mistakenly identified as such."

4. Amending and supplementing Article 4 as follows:

"Article 4. Principles for suspension of circulation, freezing, sealing, temporary detention, and handling of money and assets related to terrorism and terrorist financing; establishment of lists of organizations and individuals involved in terrorism and terrorist financing

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

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

3. Information about the names of organizations and individuals and related information regarding their inclusion or removal from the list of organizations and individuals involved in terrorism and terrorist financing shall be kept confidential until the competent authority informs the organizations and individuals included or removed from the list and publishes it on the Ministry of Public Security's electronic portal.

4. The delay in transactions, account freezing, suspension of circulation, freezing, sealing, and temporary detention of money and assets related to terrorism and terrorist financing as stipulated in this Decree shall be implemented without delay and prior notice.

5. Criteria, procedures, formalities, standard forms used to establish and propose the United Nations Security Council to establish lists of organizations and individuals involved in terrorism and terrorist financing must comply with United Nations Security Council resolutions adopted under Chapter VII of the United Nations Charter and Vietnamese laws on preventing and combating terrorism.

6. Agencies, organizations, and individuals suffering losses due to unlawful acts committed by agencies, organizations, or authorized persons during the implementation of the suspension of circulation, freezing, sealing, temporary detention, and handling of money and assets related to terrorism and terrorist financing or the establishment of lists of organizations and individuals involved in terrorism and terrorist financing shall be compensated according to the law.

7. Money, assets, rights, and interests of third parties shall be respected and protected. Procedures and formalities for handling the assets of third parties shall be carried out in accordance with the law."

5. Amend and supplement Article 5 as follows:

"Article 5. Prohibited acts

1. Exploiting delays in transactions, suspension of circulation, freezing, sealing, temporary detention, and handling of money and assets related to terrorism and terrorist financing; establishment of lists of organizations and individuals involved in 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, inspected, sealed, or temporarily detained pursuant to this Decree and laws on national security protection and ensuring social order and safety.

3. Creating conditions, assisting, mobilizing, supporting directly or indirectly, partially or entirely, funds, assets, financial resources, economic resources, financial services, and other services for organizations and individuals involved in terrorism and terrorist financing; organizations and individuals representing, controlled, owned, managed, authorized, or directed by organizations and individuals involved in terrorism and terrorist financing."

6. Amend the title of Chapter II as follows:

"Chapter II"

||| CONDITIONS, TIME LIMITS, JURISDICTION, PROCEDURES FOR TEMPORARILY SUSPENDING CIRCULATION, FREEZING, SEALING, TEMPORARY DETENTION, AND HANDLING OF FUNDS AND ASSETS RELATED TO TERRORISM AND TERRORIST FINANCING

||| 7. ADD Article 6a following Article 6 as follows:

"||| Article 6a. Time limits for considering and deciding on temporarily suspending circulation, freezing, sealing, temporary detention, and handling of funds and assets related to terrorism and terrorist financing

||| The time limits for considering and deciding on temporarily suspending circulation, freezing, sealing, temporary detention, and handling of funds and assets related to terrorism and terrorist financing shall be carried out in accordance with the provisions of Articles 8, 9, and 10 of this Decree.

||| 8. AMEND and SUPPLEMENT Article 7 as follows:

"||| Article 7. Jurisdiction for temporarily suspending circulation, freezing, sealing, temporary detention of funds and assets related to terrorism and terrorist financing

||| 1. The Minister of Public Security has the authority to decide on confiscation and submission to the state budget or destruction of funds and assets related to terrorism and terrorist financing; return funds and assets related to terrorism and terrorist financing when such funds and assets belong to the ownership or management of agencies, organizations, or individuals that have been wrongfully seized or used illegally by others to provide support to organizations or individuals involved in terrorism and terrorist financing; revoke decisions made by themselves or decisions made by persons with jurisdiction as stipulated in Clause 3 of this Article.

||| 2. Within the targets and areas managed by the Ministry of National Defense, the Minister of National Defense has the authority to decide on confiscation and submission to the state budget or destruction of funds and assets related to terrorism and terrorist financing; return funds and assets related to terrorism and terrorist financing when such funds and assets belong to the ownership or management of agencies, organizations, or individuals that have been wrongfully seized or used illegally by others to provide support to organizations or individuals involved in terrorism and terrorist financing; revoke decisions made by themselves or decisions made by persons with jurisdiction as stipulated in Clause 4 of this Article.

||| 3. The head of the Counter-Terrorism Agency under the Ministry of Public Security, the Director of Provincial Police Departments (hereinafter referred to as Provincial Police), has the authority to request implementation of transaction delays, decisions to temporarily suspend circulation, freeze, seal, and temporary detention of funds and assets related to terrorism and terrorist financing as prescribed in this Decree; consider allowing organizations or individuals with temporarily suspended circulating, frozen, sealed, or detained funds and assets to access and use all or part of such funds and assets for essential personal and family needs and to settle other legitimate obligations of organizations or individuals with temporarily suspended circulating, frozen, or detained funds and assets if such organizations or individuals do not have other funds, assets, or financial resources.

||| 4. Within the targets and areas managed by the Ministry of National Defense, the head of the Counter-Terrorism Agency under the Ministry of National Defense has the authority to request implementation of transaction delays, decisions to temporarily suspend circulation, freeze, seal, and temporary detention of funds and assets related to terrorism and terrorist financing as prescribed in this Decree; consider and allow organizations or individuals with temporarily suspended circulating, frozen, sealed, or detained funds and assets to access and use all or part of such funds and assets for essential personal and family needs and to settle other legitimate obligations of organizations or individuals with temporarily suspended circulating, frozen, or detained funds and assets if such organizations or individuals do not have other funds, assets, or financial resources.

||| 9. AMEND and SUPPLEMENT Article 8 as follows:

"Article 8. Suspension of transactions, freezing of accounts, cessation of circulation, sealing, impounding, and handling of funds and assets related to terrorism and financing of terrorism through financial activities and non-financial business operations.

Clause 1. Financial organizations, entities, and individuals engaged in non-financial business operations have the responsibility to regularly check and review customers, customer transactions, and parties involved in customer transactions against lists of organizations and individuals associated with terrorism and terrorist financing. When there is reasonable suspicion or discovery that customers or parties involved in customer transactions are on the list of organizations and individuals associated with terrorism and terrorist financing, or when there is reason to believe that requested transactions are related to organizations and individuals engaging in acts of terrorist financing, financial organizations and entities, and individuals engaged in non-financial business operations must immediately apply transaction suspension measures.

Within twenty-four hours from the time of suspicion or discovery of funds and assets related to terrorism and terrorist financing, financial organizations, entities, and individuals engaged in non-financial business operations must promptly report the application of transaction suspension measures and submit relevant documents to the Counter-Terrorism Agency under the Ministry of Public Security or the Counter-Terrorism Agency of the provincial police force, and the agency responsible for anti-money laundering functions at the State Bank of Vietnam; report suspicious transactions related to terrorist financing to the agency responsible for anti-money laundering functions at the State Bank of Vietnam.

Within forty-eight hours from receiving reports from financial organizations, entities, and individuals engaged in non-financial business operations, the Counter-Terrorism Agency under the Ministry of Public Security or the Counter-Terrorism Agency of the provincial police force has the responsibility to verify and clarify. If it is determined that customers or parties involved in customer transactions are on the list of organizations and individuals associated with terrorism and terrorist financing, or if requested transactions are related to organizations and individuals engaging in acts of terrorist financing, the head of the Counter-Terrorism Agency under the Ministry of Public Security or the Director of the provincial police force shall issue a decision to freeze accounts, cease circulation, seal, impound funds and assets related to terrorism and terrorist financing, and send the decision to relevant agencies, organizations, and individuals for enforcement; if customers and parties involved in customer transactions are not on the list of organizations and individuals associated with terrorism and terrorist financing, or if requested transactions are not related to organizations and individuals engaging in acts of terrorist financing, the head of the Counter-Terrorism Agency under the Ministry of Public Security or the Director of the provincial police force shall issue a notice to financial organizations, entities, and individuals engaged in non-financial business operations to immediately terminate transaction suspension measures.

In cases where customers or parties involved in customer transactions fall within the scope of targets and areas managed by the Ministry of National Defense, the Counter-Terrorism Agency under the Ministry of Public Security or the Counter-Terrorism Agency of the provincial police force has the responsibility to transfer all files and documents to the Counter-Terrorism Agency under the Ministry of National Defense for verification and clarification. If the Counter-Terrorism Agency under the Ministry of National Defense determines that customers or parties involved in customer transactions are on the list of organizations and individuals associated with terrorism and terrorist financing, or if requested transactions are related to organizations and individuals engaging in acts of terrorist financing, the head of the Counter-Terrorism Agency under the Ministry of National Defense shall issue a decision to freeze accounts, cease circulation, seal, impound funds and assets related to terrorism and terrorist financing, and send the decision to relevant agencies, organizations, and individuals for enforcement; if customers or parties involved in customer transactions are not on the list of organizations and individuals associated with terrorism and terrorist financing, or if requested transactions are not related to organizations and individuals engaging in acts of terrorist financing, the head of the Counter-Terrorism Agency under the Ministry of National Defense shall issue a notice to financial organizations, entities, and individuals engaged in non-financial business operations to immediately terminate transaction suspension measures.

Clause 2. Through operational activities or receipt and processing of reports from organizations and individuals, if there is reasonable suspicion that funds and assets related to terrorism and terrorist financing are circulating in financial activities or non-financial business operations, the Counter-Terrorism Agency under the Ministry of Public Security, the Counter-Terrorism Agency under the Ministry of National Defense, and the Counter-Terrorism Agency of the provincial police force shall issue a document requiring financial organizations, entities, and individuals engaged in non-financial business operations to immediately implement transaction suspension measures.

Within seventy-two hours from the time of suspending transactions, the Counter-Terrorism Agency under the Ministry of Public Security, the Counter-Terrorism Agency under the Ministry of National Defense, and the Counter-Terrorism Agency under the Provincial Police shall be responsible for inspecting, verifying, and clarifying. In case it is determined that the money and assets are related to terrorism or terrorist financing, the head of the Counter-Terrorism Agency under the Ministry of Public Security, the head of the Counter-Terrorism Agency under the Ministry of National Defense, and the Director of the Provincial Police shall issue a decision requiring financial organizations, non-financial industry and profession organizations, and individuals involved to immediately implement account freezing, suspension of circulation, sealing, and temporary detention of such money and assets for handling according to the law; if it is determined that the money and assets are not related to terrorism or terrorist financing, the head of the Counter-Terrorism Agency under the Ministry of Public Security, the head of the Counter-Terrorism Agency under the Ministry of National Defense, and the Director of the Provincial Police shall issue a document requesting financial organizations, non-financial industry and profession organizations, and individuals involved to immediately terminate the suspension of transactions.

3. Within seventy-two hours from the date of the decision to freeze accounts, suspend circulation, seal, impound, or temporarily detain money and assets related to terrorism or terrorist financing, the head of the Counter-Terrorism Agency under the Ministry of Public Security and the Director of the Provincial Police shall be responsible for reporting to the Minister of Public Security; the head of the Counter-Terrorism Agency under the Ministry of National Defense shall be responsible for reporting to the Minister of National Defense for consideration and decision on the handling of money and assets related to terrorism or terrorist financing.

4. Upon receiving reports from the head of the Counter-Terrorism Agency under the Ministry of Public Security, the Director of the Provincial Police, the head of the Counter-Terrorism Agency under the Ministry of National Defense, the Minister of Public Security, and the Minister of National Defense shall be responsible for considering and deciding on the handling of money and assets related to terrorism or terrorist financing.

5. The time limit for competent authorities to consider and decide on the freezing of accounts, suspension of circulation, sealing, impounding, or temporary detention, and handling of money and assets related to terrorism or terrorist financing as stipulated herein shall not exceed thirty days. For cases with many complex circumstances or requiring verification and investigation at multiple locations, the time limit for considering and deciding on the freezing of accounts, suspension of circulation, sealing, impounding, or temporary detention, and handling of money and assets related to terrorism or terrorist financing shall not exceed sixty days; in cases where verification and evidence collection must be conducted abroad, the time limit for considering and deciding on the freezing of accounts, suspension of circulation, sealing, impounding, or temporary detention, and handling of money and assets related to terrorism or terrorist financing shall not exceed ninety days."

10. Amend and supplement Article 9 as follows:

"Article 9. Suspension of circulation, sealing, impounding, temporary detention, and handling of money and assets related to terrorism or terrorist financing through postal service activities

1. Postal service providers shall be responsible for regularly checking and reviewing users of postal services against the list of organizations and individuals related to terrorism or terrorist financing.

Within twenty-four hours from the time there is a basis to suspect or discover that a user of postal services belongs to the list of organizations and individuals related to terrorism or terrorist financing, the postal service provider must stop transporting and delivering mail of the user of postal services; immediately report to the Counter-Terrorism Agency under the Ministry of Public Security, the Counter-Terrorism Agency under the Provincial Police; if the postal service provider or the user of postal services managed by the Ministry of National Defense, then immediately report to the Counter-Terrorism Agency under the Ministry of National Defense for verification and handling according to the law.

Within forty-eight hours from the time of receiving the report from the postal service provider, the head of the Counter-Terrorism Agency under the Ministry of Public Security, the head of the Counter-Terrorism Agency under the Ministry of National Defense, and the Director of the Provincial Police shall be responsible for directing the verification and clarification of information about the user of postal services; issue a document requesting the postal service provider to cooperate in opening and inspecting mail according to the procedures and formalities of the law. When opening, inspecting, if money and assets related to terrorism or terrorist financing are found in the mail, the head of the Counter-Terrorism Agency under the Ministry of Public Security, the head of the Counter-Terrorism Agency under the Ministry of National Defense, and the Director of the Provincial Police shall issue a decision to stop delivery, seal, and temporarily detain mail containing money and assets related to terrorism or terrorist financing for handling according to the law.

2. Through operational activities or receiving and processing reports from organizations and individuals, if there is a basis to suspect that mail contains money and assets related to terrorism or terrorist financing, the Counter-Terrorism Agency under the Ministry of Public Security, the Counter-Terrorism Agency under the Ministry of National Defense, and the Counter-Terrorism Agency under the Provincial Police shall issue a document requesting the postal service provider to temporarily stop delivery to open and inspect the mail. Within twenty-four hours from the time of receiving the request document from the competent authority, the postal service provider shall be responsible for cooperating in opening and inspecting the mail according to the law. If money and assets related to terrorism or terrorist financing are found in the mail, the Counter-Terrorism Agency under the Ministry of Public Security, the Counter-Terrorism Agency under the Ministry of National Defense, and the Counter-Terrorism Agency under the Provincial Police shall cooperate with the postal service provider to seal and immediately report to the head of the Counter-Terrorism Agency under the Ministry of Public Security, the head of the Counter-Terrorism Agency under the Ministry of National Defense, and the Director of the Provincial Police to issue a decision to temporarily detain mail containing money and assets related to terrorism or terrorist financing for reporting to the Minister of Public Security and the Minister of National Defense for consideration and decision on the handling of money and assets related to terrorism or terrorist financing.

3. Within seventy-two hours from the time of identifying mail containing funds or assets related to terrorism or terrorist financing as specified in Clauses 1 and 2 of this Article, the head of the Counter-Terrorism Agency under the Ministry of Public Security, the Director of Provincial Police shall be responsible for reporting to the Minister of Public Security, and the head of the Counter-Terrorism Agency under the Ministry of National Defense shall be responsible for reporting to the Minister of National Defense for consideration and decision on the handling of funds or assets related to terrorism or terrorist financing.

4. Upon receiving reports from the head of the Counter-Terrorism Agency under the Ministry of Public Security, the Director of Provincial Police, and the head of the Counter-Terrorism Agency under the Ministry of National Defense, the Ministers of Public Security and National Defense shall be responsible for considering and deciding on the handling of funds or assets related to terrorism or terrorist financing.

5. The period for the competent authority to consider and decide on sealing, temporary detention, and handling of mail containing funds or assets related to terrorism or terrorist financing as stipulated in this Article shall not exceed thirty days. For cases with many complicated circumstances or requiring inspection and verification at multiple locations, the period for considering and deciding on sealing, temporary detention, and handling of mail containing funds or assets related to terrorism or terrorist financing shall not exceed sixty days; in cases where evidence must be verified and collected abroad, the period for considering and deciding on sealing, temporary detention, and handling of mail containing funds or assets related to terrorism or terrorist financing shall not exceed ninety days.

6. When opening and inspecting mail as provided for in this Article and discovering documents or items related to other criminal offenses or prohibited from storage and circulation, the competent authority shall seal, temporarily detain, preserve, and transfer them to the competent investigative agency for handling in accordance with the law.

7. The procedures, formalities, and locations for implementing the opening, inspection, sealing, and temporary detention of mail as provided for in this Article shall be carried out in accordance with the laws on national security protection and relevant laws."

11. Amend and supplement Article 10 as follows:

"Article 10. Suspension of Circulation, Freezing, Sealing, Temporary Detention, and Handling of Funds and Assets Related to Terrorism or Terrorist Financing Through Other Activities

1. Vietnamese organizations and individuals, foreign organizations, foreigners, and international organizations engaging in transactions with financial institutions, non-financial business organizations, and other organizations through their activities, if they have grounds to suspect or discover that customers, customer transactions, or parties involved in customer transactions are related to terrorism or terrorist financing, must report to the Counter-Terrorism Agency under the Ministry of Public Security, the Counter-Terrorism Agency under the Ministry of National Defense, and the Counter-Terrorism Agency under the Provincial Police within twenty-four hours for inspection, verification, clarification, and handling in accordance with this Decree.

2. Upon receiving information through operational activities or from reports or complaints from organizations and individuals as specified in Clause 1 of this Article, if there are grounds to suspect funds or assets related to terrorism or terrorist financing, the Counter-Terrorism Agency under the Ministry of Public Security, the Counter-Terrorism Agency under the Ministry of National Defense, and the Counter-Terrorism Agency under the Provincial Police must issue a written request for financial institutions, non-financial business organizations, and related organizations to immediately implement measures to delay transactions and cooperate in inspection, verification, and clarification. If it is determined that there are funds or assets related to terrorism or terrorist financing, the head of the Counter-Terrorism Agency under the Ministry of Public Security, the head of the Counter-Terrorism Agency under the Ministry of National Defense, and the Director of Provincial Police shall issue a decision to freeze, seal, and temporarily detain such funds or assets. Within seventy-two hours from the date of the decision to freeze, seal, and temporarily detain funds or assets related to terrorism or terrorist financing, the head of the Counter-Terrorism Agency under the Ministry of Public Security, the Director of Provincial Police shall be responsible for reporting to the Minister of Public Security, and the head of the Counter-Terrorism Agency under the Ministry of National Defense shall be responsible for reporting to the Minister of National Defense for consideration and decision on the handling of funds or assets related to terrorism or terrorist financing in accordance with the law.

3. Upon receiving reports from the head of the Counter-Terrorism Agency under the Ministry of Public Security, the Director of Provincial Police, and the head of the Counter-Terrorism Agency under the Ministry of National Defense, the Ministers of Public Security and National Defense shall be responsible for considering and deciding on the handling of funds or assets related to terrorism or terrorist financing.

4. The period for the competent authority to consider and decide on the suspension of circulation, freezing, sealing, temporary detention, and handling of funds or assets related to terrorism or terrorist financing as stipulated in this Article shall not exceed thirty days. For cases with many complicated circumstances or requiring inspection and verification at multiple locations, agencies, or organizations, the period for considering and deciding on the suspension of circulation, freezing, sealing, temporary detention, and handling of funds or assets related to terrorism or terrorist financing shall not exceed sixty days. In cases where evidence must be verified and collected abroad, the period for considering and deciding on the suspension of circulation, freezing, sealing, temporary detention, and handling of funds or assets related to terrorism or terrorist financing shall not exceed ninety days."

12. Amend and supplement Article 11 as follows:

"Article 11. Adding to, removing from, and publishing the list of organizations and individuals related to terrorism and terrorist financing

1. Criteria for considering adding to, or removing from, the list of organizations and individuals related to terrorism and terrorist financing include:

a) Organizations and individuals meeting the criteria set forth in Resolution 1267 (1999), Resolution 1988 (2011), Resolution 1989 (2011); successor resolutions to Resolutions 1267 (1999), 1988 (2011), and 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 to designate organizations and individuals meeting the criteria set forth in Resolution 1373 (2001), successor resolutions to Resolution 1373 (2001), other resolutions of the United Nations Security Council adopted under Chapter VII of the United Nations Charter, and consistent with Vietnam’s laws on preventing and combating terrorism;

c) Based on the results of investigations, prosecutions, trials, or through operational work, competent authorities have grounds to suspect or discover organizations and individuals directing, participating in, assisting, or preparing to commit one or more acts specified in Clause 1 and Clause 2 of Article 3 of the Law on Preventing and Combating Terrorism 2013; organizations and individuals representing organizations and individuals related to terrorism and terrorist financing; organizations and individuals subject to control, ownership, management, authorization, or direction by organizations and individuals listed in the list of organizations and individuals related to terrorism and terrorist financing.

2. The Ministry of Public Security's Counter-Terrorism Agency shall be responsible for establishing files, reviewing, and reporting to the Minister of Public Security for consideration regarding proposals to add to, or remove from, the list of organizations and individuals related to terrorism and terrorist financing. The proposal file to add to, or remove from, the list of organizations and individuals related to terrorism and terrorist financing includes: A report submitted to the Minister of Public Security and reliable information and documents to prove that the organization or individual meets the criteria for being added to, or removed from, the list of organizations and individuals related to terrorism and terrorist financing as stipulated in Clause 1 of this Article. Consideration and proposal to the United Nations Security Council to add to, or remove from, the list of organizations and individuals related to terrorism and terrorist financing must comply with the standard procedures and formalities of the United Nations Security Council according to international treaty law.

Upon receiving reports from the Ministry of Public Security's Counter-Terrorism Agency, the Minister of Public Security shall be responsible for considering proposals to add to, or remove from, the list of organizations and individuals related to terrorism and terrorist financing; seeking opinions from the Ministry of Foreign Affairs, the Ministry of National Defense, the State Bank of Vietnam, and relevant ministries and agencies to provide the Minister of Public Security with a basis for deciding to add to, or remove from, the list of organizations and individuals related to terrorism designated by Vietnam or requested by other countries; reporting to the Prime Minister for consideration and decision on proposing competent authorities of the United Nations to consider and decide on adding to, or removing from, the list of organizations and individuals related to terrorism and terrorist financing designated by the United Nations, or proposing other countries to add to, or remove from, the list of organizations and individuals related to terrorism and terrorist financing.

3. Within twenty-four hours from when the competent authority of the United Nations, the authority of Vietnam, or authorized persons update information, add to, or remove from, the list of organizations and individuals related to terrorism and terrorist financing, the Ministry of Public Security shall be responsible for publishing on the Ministry of Public Security's electronic portal; exchanging written communications with ministries, agencies, provincial People's Committees to notify organizations and individuals specified in Clause 1 of Article 2 of this Decree; guiding financial organizations, organizations and individuals engaged in non-financial industries related to such activities, and other organizations and individuals to implement measures to delay transactions, suspend circulation, freeze, seal, temporarily detain, and handle money and assets related to terrorism and terrorist financing as prescribed in this Decree.

4. Financial organizations, organizations and individuals engaged in non-financial industries related to such activities, Vietnamese organizations and individuals, foreign organizations, foreigners, and international organizations conducting transactions with financial organizations, organizations and individuals engaged in non-financial industries related to such activities, postal service providers, and other organizations and individuals shall be responsible for regularly updating, checking, and reviewing the list of organizations and individuals related to terrorism and terrorist financing published on the Ministry of Public Security's electronic portal, and must immediately implement measures to delay transactions, suspend circulation, and freeze money and assets related to terrorism and terrorist financing as prescribed in this Decree.

13. Amend and supplement Article 14 as follows:

"Article 14. Complaints and Prosecutions and Handling of Complaints and Prosecutions

1. Organizations and individuals have the right to file complaints and prosecutions regarding the temporary suspension of circulation, freezing, sealing, temporary detention, and handling of funds and assets related to terrorism and terrorist financing; being included in the list of organizations and individuals associated with terrorism and terrorist financing.

2. The procedures, formalities, jurisdiction, and responsibilities for handling complaints and prosecutions concerning the delay of transactions, freezing of accounts, temporary suspension of circulation, freezing, sealing, temporary detention, and handling of funds and assets related to terrorism and terrorist financing, and the inclusion in the list of organizations and individuals associated with terrorism and terrorist financing shall be carried out in accordance with the provisions of the law on complaints and prosecutions.

3. The Counter-Terrorism Department of the Ministry of Public Security and the Permanent Mission of Vietnam to the United Nations are the points of contact for receiving complaints and prosecutions and responding with the results of handling complaints and prosecutions from organizations and individuals whose transactions are delayed, accounts frozen, circulation temporarily suspended, funds and assets related to terrorism and terrorist financing frozen, sealed, or temporarily detained and handled; and those included in the list of organizations and individuals associated with terrorism and terrorist financing as stipulated in this Decree."

14. Supplement Article 14a following Article 14 as follows:

"Article 14a. Handling of Violations

Organizations and individuals who violate the provisions of this Decree shall be subject to disciplinary measures, administrative penalties, or criminal liability pursued, if causing damage, they must compensate according to the provisions of the law.

Article 2. Implementation clause

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

2. The Ministry of Public Security shall take the lead and coordinate with relevant ministries and sectors to guide and organize the implementation of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-run city People's Committees, and organizations and individuals concerned are responsible for implementing this Decree.