Professional Documents
Culture Documents
STATE BANK
OF VIETNAM
------------
-------------------
No. 31/2014/TT-NHNN
Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12 dated 16
June 2010;
The Governor of the State Bank hereby issues the Circular on amendment of, supplement
to several Articles of the Circular No. 35/2013/TT-NHNN dated 31 December 2013 on
guiding the implementation of some provisions on anti-money laundering (hereinafter
shortly referred to as the Circular No. 35/2013/TT-NHNN).
Article 1. To amend, supplement several Articles of Circular No. 35/2013/TT-NHNN
as follows:
1. Clauses 2, 3, 4 Article 3 shall be amended as follows:
2. Additionally collecting following information:
______________________________________________________________________________________________________________
Investment Consultancy Co., Ltd
V-I-31 P. 1/6
3. The reporting subjects shall be prohibited from supplying such List to any third party if it
is not agreed in writing by the Banking Inspection and Supervisory Agency.
3. Clause 1 Article 7 shall be amended as follows:
1. Responsibility of reporting:
a) Except for electronic transfer transactions as stated in Item b of this Clause, financial
institutions who are permitted to perform domestic, international payment services shall be
required to report to the Anti-Money Laundering Unit the electronic transfer transactions
amounting from VND500,000,000 (five hundred million) upward or in foreign currency of
equivalent value and international transfer transactions to or from Vietnam amounting from
USD1,000 (one thousand) upward or in other foreign currency of equivalent value;
b) Electronic transfer transactions not to be reported shall include:
- Transfer transactions deriving transactions that use debit cards, credit cards or prepaid
cards for payment of goods, services;
- Transfer and payment transactions among financial institutions where both the initiator
and the beneficiary are financial institutions.
c) For domestic electronic money transfer transactions, the financial institutions that issue
the transfer order shall be responsible for reporting and fully collecting information about
the individual, organization who issues the money transfer order. The financial institution
that serves the beneficiary shall be responsible for fully collecting information on the
beneficiary individual, organization in accordance with provisions at Item c Clause 2 of
this Article and reporting to the Anti-Money Laundering Unit upon request. Financial
institutions shall report to the Anti-Money Laundering Unit in electronic file as prescribed
in Article 10 of this Circular.
4. To supplement with Article 10a as follows:
Article 10a. Task assignment, audit and training, fostering on anti-money laundering
1. Assigning officers, units in charge of anti-money laundering
a) The related financial institution, related entity doing non-financial businesss shall assign
a member of the Management Board or a person authorized by the Management Board to
______________________________________________________________________________________________________________
Investment Consultancy Co., Ltd
V-I-31 P. 3/6
______________________________________________________________________________________________________________
Investment Consultancy Co., Ltd
V-I-31 P. 4/6
laundering and the staff who is assigned with duties relating to cash, asset transactions with
customers in regard of anti-money laundering operations.
b) The related financial institutions, entities doing non-financial business shall be required
to train newly employed staff who is expectedly in charge of anti-money laundering and
other tasks relating to cash, asset transactions with customers in regard of the knowledge
about and operations of anti-money laundering within 6 (six) months from the date of
recruitment.
c) Details of training, fostering the anti-money laundering operations shall at least include:
legal regulations and internal regulations on anti-money laundering; legal responsibility in
case of failing to implement legal regulations on anti-money laundering; mode, scam of
money laundering; money laundering in relation to products, services, tasks assigned to the
staff.
5. To supplement with Article 10a as follows:
Article 10b. Counter-terrorism financing
1. The reporting subjects shall be required to apply measures of counter-terrorism financing
as prescribed in Article 3, Article 4, Article 5, Article 6, Article 7, Article 8, Article 10,
Article 13, and Article 14 of the Decree No. 116/2013/ND-CP dated 4 October 2013 of the
Government providing in details for the implementation of the Law on Anti-money
laundering.
2. Upon having any doubt that an organization, individual commits an act relating to
terrorism financing, the relevant reporting subject shall be responsible for reporting such
suspicious transaction to the Anti-Money Laundering Unit in writing or in electronic file in
accordance with provisions in Article 10 of this Circular.
3. Details of the report shall be as stipulated in Clauses 2, 3 Article 8 of this Circular.
Article 2. Implementation provisions
This Circular shall come into effect from 26 December 2014.
Article 3. Responsibility for implementation
______________________________________________________________________________________________________________
Investment Consultancy Co., Ltd
V-I-31 P. 5/6
______________________________________________________________________________________________________________
Investment Consultancy Co., Ltd
V-I-31 P. 6/6