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blue-check New regulations on assessment of money laundering risks and anti-money laundering measures

Decree No. 19/2023/ND-CP dated April 28th, 2023 of the Government on specifying implementation of several Articles of the Law on Anti-Money Laundering
Posted: 4/5/2023 7:28:47 AM | Latest updated: 12/5/2023 2:55:33 AM (GMT+7) | LuatVietnam: 5692 | Vietlaw: 610
VietlawOnline

This Decree regulates in details the following contents of 2022 Law on Anti-Money Laundering

- Principles, criteria and methods of national assessment of money laundering risks;

- Cases to identity customers that have suspicious signs, suspicious transactions;

- Criteria for identification of beneficial owners; complex and unusually large transactions;

- Collection, processing and analysis of anti-money laundering information; responsibilities in relation to exchange, provision and transfer of anti-money laundering information with domestic competent authorities;

- Grounds to suspect or detect blacklisted transaction-related parties and state agencies having jurisdiction to receive reports of transaction postponement.

Notably, Article 6 of this Decree regulates suspicious large transaction values (showing signs of anti-money laundering), including: (i) a customer that does not have an account, or has an account inactive during the last six consecutive months, deposits, withdraws, or transfers money totaling at least VND 400,000,000 a day; (ii) a customer that performs prize-awarding electronic games, casinos, lottery tickets bet with a transaction totaling at least VND 70,000,000 a day; (iii) a customer makes a cash transaction to buy precious metals and gems worth at least VND 400,000,000 a day. The regulations on large transaction values at this Article shall take effect as of December 1st, 2023.

This Decree takes effect from the date of its signing.

To replace Decree No. 116/2013/ND-CPstatus1 dated October 4th, 2013 (except regulations on transaction value at clause 1, clause 2 and clause 4 Article 3 which shall be expired from December 1, 2023); the Government’s Decree No. 87/2019/ND-CPstatus1 dated November 14th, 2019 amending, supplementing to a number of articles of Decree No. 116/2013/ND-CPstatus1 dated October 4th, 2013.

Notes
Please be informed that the attachments are neither translated nor included in the English file.
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Information

Effective date 28-Apr-2023
Expired date Unknown
Published Vietlaw's Newsletter No. 610

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Timeline

Foreign Currencies - Gold

blue-check New regulations on assessment of money laundering risks and anti-money laundering measures
blue-check Cases of purchase, transfer and carrying of foreign currency abroad and amounts thereof from February 15, 2023
blue-check Amendment to the authority grant of foreign exchange operations to foreign bank branches
blue-check Adjustments to some regulations on import of gold material and foreign currency management for outward investment
blue-check New regulations on paying winnings in foreign currency to foreigners playing prize-winning electronic games
blue-check Conditions for foreign currency trading between the SBV and commercial banks from February 15th, 2022
red-check From November 20th, 2021: FDI enterprises may apply for license to import gold material on the National Single-window Information Portal
red-check Regulations on foreign currency transactions on foreign currency market
blue-check From January 15th, 2021: FDI enterprises are not required to submit the paper-based licenses for import of gold materials
blue-check From January 15th, 2021: Licenses for import of gold materials shall be granted through the National single window system
blue-check [Merged] - Procedures for approval for export and import of foreign currency cash through the border checkpoints of Noi Bai and Tan Son Nhat international airports
blue-check Amendments to forms and procedures for permission for exportation and importation of foreign currency cash of banks
blue-check Regarding import of gold material for processing
blue-check Regarding import of gold wires for manufacture of electronic components
blue-check Conditions for processing golf jewelry for foreign partners
blue-check It is required to report the import of gold for manufacture of electronic components to the SBV
blue-check FX broker does not belong to conditional business lines
blue-check Regulations on payment and money transfer related to transshipment of goods
blue-check Regulation on use of the Fund for implementation of national monetary policy
blue-check Regulation on mobilization of foreign currency funding for microfinance projects