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Viet Nam & UN  »  Legal Issues  »  66th General Assembly
 
REPORT UPDATING THE IMPLEMENTATION OF RESOLUTION 1373 (2001) OF THE UNITED NATIONS SECURITY COUNCIL AND 59 RECOMMENDATIONS OF THE COUNTER-TERRORISM COMMITTEE
10-20-2011, 04:15 pm

Following is the update on Viet Nam’s implementation of 59 recommendations of the Counter-Terrorism Committee (CTC) of the United Nations Security Council (UNSC) in realization of Resolution 1373 (2001).

 

I. Legal Framework

1. Consider revising Article 84 of the Penal Code on terrorism in order to reflect the modern typology of international terrorist acts as called for by relevant Security Council resolutions and international legal instruments on counter-terrorism

This recommendation has been implemented. With a view to meeting the requirements of Resolution 1373 (2001) of the UNSC and other relevant international instruments on counter-terrorism to which Viet Nam is a party, the Law Amending and Supplementing Some Articles of the Penal Code was adopted on 19 June 2009 and entered into force on 01 January 2010 (hereinafter referred to as the Law Amending the Penal Code of 2009), in which Article 84 on Terrorism has been renamed as “Terrorism against the People’s Administration” and a new article on the Offence of Terrorism (Article 230a) has been added..

Article 230a Terrorism

1. Those who intend to cause public fear by infringing upon the life of others or destroying the property of agencies, organisations and individuals shall be sentenced to between ten and twenty years, life imprisonment or capital punishment.

2. Committing the offence by infringing upon physical liberty, health or occupying, damaging property of agencies, organisations and individuals, the offender(s) shall be sentenced to between five and fifteen years of imprisonment.

3. Committing the offence by threatening to take one of the acts stipulated in paragraph 1 of this Article or taking other acts of mental intimidation, the offender(s) shall be sentenced to between two and seven years of imprisonment.  

4. The offender(s) may also be subject to probation, ban from residence from one to five years, confiscation of part or whole of property.

 

2. Introduce provisions to adequately criminalize the financing of terrorism as an autonomous offence so as to implement its obligation under the International Convention on the Suppression of the Financing of Terrorism.

This recommendation has been implemented. In the Law Amending the Penal Code of 2009, a new article on the Offence of Financing Terrorism (Article 230b) has been added to establish criminal penalties against those who mobilise or provide money or assets of any kind to terrorists or terrorist organisations.  

Article 230b Financing of terrorism

1. Those who mobilise, provide money or assets of any kind to terrorists or terrorist organisations shall be sentenced to between five and ten years of imprisonment.

2. The offender(s) may also be subject to probation, ban from residence from one to five years, confiscation of part or whole of property.

 

3. Introduce mechanism for the prompt determination of reasonable grounds to freeze terrorist funds and assets, and for the freezing of such funds and assets without delay.

Viet Nam takes note of this recommendation and will take it into account during the process of revising the Criminal Procedure Code (The National Assembly of Viet Nam has decided to put the revision of the Criminal Procedure Code of 2003 and other relevant legal documents onto the Program of Making Law and Ordinance of 2011).

The People’s Supreme Procuracy is also drafting a legal framework on a complete procedure for the freezing of funds used to finance terrorism and the improvement of the mechanism for the freezing and confiscation of assets obtained from committing a crime and money-laundered.

 

4. Take further steps to suppress recruitment of members of terrorist groups by considering criminalizing such recruitment

Although the current criminal legislation of Viet Nam has not regulated the act of recruitment of members of terrorist groups as an autonomous offence, the people who conduct recruitment shall be on trial for terrorism as an accomplice stipulated by the Penal Code of 1999 (Article 20, paragraph 2) if the recruitment is proved to serve terrorist acts.

Article 20, paragraph 2

The organizers, executors, instigators and helpers are all accomplices.

The executors are those who directly carry out the crimes.

The organizers are those who mastermind, lead and direct the execution of crimes.

The instigators are those who incite, induce and encourage other persons to commit crimes.

The helpers are those who create spiritual or material conditions for the commission of crimes.

 

5. Consider introducing provisions to cover acts of harbouring terrorists

Though the current criminal legislation of Viet Nam has not regulated acts of habouring terrorists as an autonomous offence, the people who harbour terrorists shall be on trial for terrorism as an accomplice in Article 20 of the Penal Code of 1999 or for concealing offenses in Article 313 of the Penal Code of 1999 and Article 2 of the Law Amending the Penal Code of 2009.

 

Article 313. Concealing offenses

Those who, without prior promise, conceal one of the offenses defined in the following articles shall be sentenced to non-custodial reform for up to three years or between six months and five years of imprisonment:

- Articles from 78 to 91 on crimes of infringement upon national security, [including Article 84 on terrorist acts against the people’s administration];

[…]

- Article 230a (terrorism)…

2. Those who abuse power and rights to prevent the detection of crime or to take other actions to conceal the offenders shall be sentenced to between two and seven years of imprisonment.

 

6. Consider introducing provisions to ensure that all forms of money laundering activities are covered by the Penal Code

This recommendation has been implemented. Article 251 of the Law Amending the Penal Code of 2009 regulates 4 groups of acts covering most of money laundering offences as follows:

- Directly or indirectly being involved in financial and banking transactions or other transactions related to money, assets with full knowledge that such money and assets are obtained from the commission of crimes to conceal the illegacy of such money and assets.

- Using money, assets with full knowledge that such money and assets are obtained from the commission of crimes to conduct business or other activities.

- Concealing information on the origin, true nature, location, circulation process or ownership of money and assets with full knowledge that such money and assets are obtained from the commission of crimes or obstructing the verification of such information.

- Committing one of the acts specified above with regard to money and assets with full knowledge that such money and assets are a result of the movement, transfer or conversion of money and assets obtained from the commission of crimes.

 

7. Consider enhancing the capacity of courts including increase of the number of judges, courtrooms and other equipment

Viet Nam is implementing this recommendation. In recent years, the People’s Courts of Viet Nam have taken several measures to develop, allocate and carry out the full-time-employee scheme, and appointed judges of courts at all levels. Regarding the infrastructure, many buildings and courtrooms have been newly built or renovated over the past years. Other equipment, such as computers and printers, etc., have basically met the investigation and trial requirements.

The judicial system of Viet Nam is willing to cooperate and receive technical assistance from partners, including the UN bodies, to further strengthen the capacity and enhance the professional knowledge and skills of judges, as well as to improve the working conditions, means and other courtrooms’ technical equipment.

 

8. Consider reviewing the length of detention and taking appropriate measures to ensure timely participation of defence counsel throughout the judicial proceedings, with a view to ensuring due process, taking into account the relevant international norms and standards

Viet Nam takes note of this recommendation and will consider it during the process of revising the Criminal Procedure Code of 2003 as well as other relevant legal documents with a view to further ensuring the legal rights of arrestees and defendants during the legal process.

 

9. Consider introducing more specific measures to secure evidence from witnesses such as video-link trial system and witness protection programmes in order to bring terrorists to justice

Viet Nam takes note of this recommendation and is making efforts to implement the recommendation. The Supreme People’s Court is currently working with relevant agencies to study, consider and propose measures to better acquire evidence from witnesses in order to bring terrorists to justice.

 

10. Consider designating a central authority for extradition and MLA for better coordination

This recommendation has been implemented. According to the Law on Legal Assistance which was adopted on 21 November 2007 and entered into force on 1 July 2008 (hereinafter referred to as Law on Legal Assistance of 2007), the central authority for extradition is the Ministry of Public Security (Article 65) and the central authority for MLA in criminal matters is the Supreme People’s Procuracy (Article 64).

 

11. Accelerate the passing of the draft MLA Decree

This recommendation has been implemented. The Law on Legal Assistance has been in force for 3 years. The Government also issued the Decree No. 92/2008/NĐ-CP dated 22 August 2008 guiding the Implementation of the Law. In addition, currently the Supreme People’s Procuracy is drafting an Inter-Ministerial Circular guiding the Implementation of the Law on Legal Assistance of 2007 with regard to the conditions of receiving, transferring documents and evidences in order to facilitate the responding to the request for mutual legal assistance in the course of combatting terrorism.

 

12. Consider steps to make clear the requirement of mens rea (intentional element) in the money laundering offence

This recommendation has been implemented. According to Article 251 on the Offence of Money Laundering of the Law Amending the Penal Code of 2009, this offence requires mens rea (intentional element) as follows:

Article 251. Money Laundering

1. Those who commit one of the following acts shall be sentenced to between one and five years of imprisonment:

a) Directly or indirectly being involved in financial or banking transactions or other transactions related to money and assets with full knowledge that such money and assets are obtained from the commission of crimes to conceal the illegacy of such money and assets;

b) Using money and assets with full knowledge that such money and assets are obtained from the commission of crimes to conduct businesses or other activities;

c) Concealing information on the origin, true nature, location and circulation process or ownership of money and assets with full knowledge that such money and assets are obtained from the commission of crime, or obstructing the verification of such information.

d) Committing one of the acts specified at paragraphs a), b) and c) above with regard to money and assets with full knowledge that such money and assets are a result of the circulation, transfer or conversion of money and assets obtained from the commission of crimes.

2. Those who commit the offence in one of the following manners shall be sentenced to between three and ten years of imprisonment:

a) In an organized manner;

b) Abusing positions and/or powers;

c) Committing the offense more than once;

d) Being of professional character;

e) Using refined, cunning tricks;

f) Money or property involved in the offense are of great value;

g) Gaining a large amount of illicit profits;

h) Causing serious consequences;

i) Constituting a serious case of recidivism.

3. Those who commit the offence in one of the following cases shall be sentenced to between eight and fifteen years of imprisonment.

a) Money or property involved in the offense are of great or particularly great value;

b) Gaining a large or particularly large amount of illicit profits;

c) Causing serious or particularly serious consequences.

4. The offenders may also be subject to the confiscation of part or whole of property, a fine treble the amount of money or the value of the property laundered, a ban from holding certain posts, practicing certain occupations or doing certain jobs for between one and five years”.

 

13. Consider introducing shift of burden of proof in the procedure of confiscation

The current criminal legislation of Viet Nam has not regulated the burden of proof in confiscation. However, according to Article 40 and 41 of the Penal Code of 1999, confiscation of property shall apply only to persons sentenced for serious crimes, very serious crimes or particularly serious crimes prescribed by the Penal Code. Moreover, confiscation shall only apply to objects and money directly related to the crimes (tools and means used for the commission of crime; objects or money acquired through the commission of crime or the trading or exchange of such things; and objects banned from circulation by the State).

 

14. Consider allowing criminal proceeds or instrumentalities to be confiscated without requiring a criminal conviction, in order to effectively deter the planning of terrorism

Viet Nam takes note of this Recommendation and will consider this issue in the process of revising the Criminal Procedure Code of 2003 and other relevant legal documents.

 

15. Consider introducing provisions in the new draft MLA Decree to ensure that extradition should not be refused due to a political nature of terrorism

This recommendation has been implemented. Although the Law on Legal Assistance of 2007 does not stipulate the case of rejecting extradition for political reasons, according to Article 35 of this Law on the refusal of extradition to foreign countries, a request for extradition can only be refused by competent legal authorities of Vietnam if such request falls under one of the following cases:

- The persons requested for extradition are Vietnamese citizens;

- Under Vietnamese law, the persons requested for extradition cannot be examined for penal liability or serve their penalties due to expired statute of limitations or other lawful reasons;

- The persons requested for extradition for penal liability examination have already been sentenced by Vietnamese courts with legally effective judgments for the criminal acts stated in the extradition requests or the cases concern such persons have been suspended under Vietnams criminal procedure law;

- The persons requested for extradition are those residing in Vietnam for reasons of possible coercion in the extradition-requesting country due to discrimination of race, religion, gender, nationality, ethnicity, social class or political viewpoint;

- The extradition requests are related to different crimes and each crime can be examined for penal liability under the law of the extradition-requesting country, but fail to comply with Clause 1, Article 33 of this Law.

- Acts committed by the persons requested for extradition are not crimes for which the extradition requests are based on;

- Persons requested for extradition are being examined for penal liability in Vietnam for the criminal acts stated in the extradition requests.

 

16. Consider introducing provisions in the new draft MLA Decree to ensure that it does not refuse MLA regarding terrorist cases because of its political nature in drafting the new Act on MLA

This recommendation has been implemented. The MLA Law 2007 does not provide that MLA requests in terrorism-related cases may be refused because of its political nature. Article 21 of the MLA Law 2007 on refusal or deferral of MLA on foreign criminal matters stipulates that a request for MLA can only be refused or deferred if such request falls under one of the cases hereinafter:

- Inconsistent with international treaties to which Viet Nam  is a party, Vietnamese laws and provisions;

- Causing harm to  national sovereignty and security;

- Concerning the examination of criminal liability of a person whose act of crime has been sentenced, declared not guilty or granted with general parole or special amnesty in Viet Nam;

- Concerning an act of which the statue of limitation for penal liability examination has expired as prescribed in the Penal Code;

- Concerning an act of law violation that does not consist elements of crime as prescribed in the Penal Code.

In addition, the Law on Conclusion, Accession and Implementation of International Treaties 2005 also provides that in cases of conflict between Vietnamese laws and international treaties to which Viet Nam is party, international treaties will prevail. Viet Nam therefore fulfills its obligations to ensure that MLA regarding terrorist cases should not be refused due to its political nature.

 

17. Consider expanding its bilateral arrangements on extradition and MLA for expeditious processing

Viet Nam is actively implementing this recommendation. After CTED’s visit to Viet Nam in 2007, Viet Nam has signed various bilateral arrangements on MLA in criminal and extradition matters, such as:

- MLA Agreement on Criminal Matters between the Socialist Republic of Viet Nam and the Republic of India, signed on 8 October 8 2007;

- MLA Agreement on Criminal Matters between the Socialist Republic of Viet Nam and the United Kingdom of Great Britain and Northern Ireland signed on 13 January 2009;

- Agreement on Transfer of Sentenced Persons and Cooperation in Execution of Criminal Sentences between the Socialist Republic of Viet Nam and the Kingdom of Thailand, signed on 3 March 2010;

- MLA Agreement on Criminal Matters between the Socialist Republic of Viet Nam and the People’s Democratic Republic of Algeria signed on 14 April 2010;

- Agreement on Extradition between the Socialist Republic of Viet Nam and the People’s Democratic Republic of Algeria, signed on 14 April 2010.

 

18. Continue to make efforts in becoming a party, by establishing a time frame, to the remaining international terrorism-related conventions and protocols to which Viet Nam is not a party.

Viet Nam is implementing this recommendation. Viet Nam is now a party to eight universal treaties on counter-terrorism and is  considering joining other treaties. The Ministry of Public Security is finalizing the process of submission for accession to the Convention against the Taking of Hostages and the Convention for the Suppression of Terrorist Bombing.

 

19. Continue taking steps with a view to ratifying the ASEAN Convention on Counter-Terrorism

This recommendation has been implemented. On 14 January 2011, the President of Viet Nam ratified the ASEAN Convention on Counter-Terrorism. On 30 January 2011, Viet Nam’s Foreign Minister signed the instrument of ratification, which finalizes the accession of Viet Nam to the Convention. Viet Nam’s accession to the Convention better reflects its policy, efforts and determination to prevent and fight terrorism, creating an effective legal tool to boost cooperation between Viet Nam and ASEAN countries in this regard.

 

20. Consider introducing specific national offences corresponding to the offences included in other international counter-terrorism conventions and protocols, and appropriate penalties for such offences.

This recommendation has been implemented. In addition to the Penal Code  1999, the Law Amending and Supplementing a number of Articles of the Penal Code  2009 has amended and supplemented new provisions on terrorist crime and the crime of sponsoring for terrorism (Article 84; Article 230a; Article 230b) as well as relevant penalties.

Regarding the terrorist crime, the Penal Code 1999 and the Law Amending and Supplementing a number of Articles of the Penal Code 2009 speculate four categories of elements consisting of terrorist crime:

- With the intention to oppose to the people’s administration (Article 84): infringe upon the life of officials, public employees or citizens; infringe upon the physical freedom and health of officials, public employees or citizens; threat to infringe upon lives or commit other acts of moral intimidations.

- With the intention to cause public panic (Article 230a): infringe upon the lives of others or destroying property of agencies, organizations and individuals; infringe upon the physical freedom and health, or appropriate and cause damage to properties of agencies, organizations and individuals; threat to infringe upon lives, threat to cause damage to properties of agencies, organizations and individuals or commit other acts of moral intimidations. 

Based on the nature of the act of crime, the penalties range from five years of imprisonment onward to death sentence. In addition, the offender Offenders may be subject to probation, residence ban for between one and five years, confiscation of part or the whole of their property.

Regarding the crime of terrorism financing, the Law Amending and Supplementing a number of Articles of the Penal Code 2009 (Article 230b) provides that elements consisting of the crime of terrorism financing include raising and contributing money and property in whatever form to terrorism organizations or terrorists to conduct act(s) of terrorism. The penalty ranges from five to ten years of imprisonment. In addition, offenders may also be subject to probation, residence ban for between one and five years, and confiscation of part or the whole of their property.

 

 21. Consider introducing amendment to the Act on Nationality with detailed criteria for granting Vietnamese nationality to foreigners in order to ensure that such provision is not abused by terrorists

This recommendation has been implemented. The Law on Nationality, adopted by the Viet Nam’s National Assembly on 13 November 2011, took effects on 1 July 2009, elaborates the conditions and procedures for foreigners to acquire Vietnamese citizenship. These conditions and procedures ensure that the law cannot be made use of by terrorists to acquire Vietnamese citizenship.  Specifically, Article 19 on Conditions for Naturalization provides the following details:

Foreign nationals and stateless persons permanently residing in Viet Nam who file applications for Vietnamese nationality may be permitted for naturalization in Viet Nam if they satisfy the following conditions:

a) Having the full civil act capacity as prescribed by Viet Nam’s laws;

b) Obeying the Constitution and laws of Viet Nam; respecting the traditions, customs and practices of the Vietnamese nation;

c) Understanding Vietnamese sufficiently enough to integrate themselves

into the Vietnamese community;

d) Having resided in Viet Nam for 5 years or more by the time of application for naturalization;

e) Being capable of making their livelihood in Viet Nam.

 

 Article 20. Dossiers of application for Vietnamese nationality provides:

 â€œA dossier of application for Vietnamese nationality comprises:

a) An application for Vietnamese nationality;

b) A copy of the birth certificate, passport or other substitute papers;

c) A curriculum vitae;

d) A judicial record issued by a competent Vietnamese authority for the

period the applicant resides in Viet Nam and a judicial record issued by a competent foreign authority for the period the applicant resides in theforeign country. Judicial records must be issued within 90 days before the date of filing the dossier;

e) Papers proving his/her Vietnamese language skills;

f) Papers proving his/her place and period of residence in Viet Nam;

g) Papers proving his/her ability to make livelihood in Viet Nam.

 

II. Finance

22. Consider taking steps to ensure adequate coverage of financial institutions and designated non-financial businesses and persons (DNFBPs), including using risk-based approach to identify relevant DNFBPs (such as accountants, public notaries and trust and company service providers) that ought to be subject to the AML Decree

This recommendation has been implemented. The State Bank of Viet Nam issued Circular No. 22/2009/TT-NHNN dated 17 November 2009 guiding the Implementation of the Decree No. 74 on Anti-money Laundering. The Ministry of Finance issued the Circular No. 148/2010/TT-BTC dated 24 September 2010 guiding the Implementation of Measures to Prevent and Combat Money Laundering in Insurance, Securities and Prize-winning Games Industries.

According to the above-mentioned documents, the subjects include State-owned credit institutions, joint stock credit institutions, co-operative credit institutions (including co-operative banks, people’s credit fund and other forms), joint venture credit institutions, 100% foreign owned credit institutions, foreign bank branches in Viet Nam, Viet Nam Postal Savings Service Company, Foreign currency exchange agent, payment service suppliers (excluding organizations which have already been authorized to supply payment service), insurance and insurance brokerage businesses which are established and operate in Viet Nam under the Law on Insurance Business, individuals and organizations engaged in securities issuance, listing, trading, trading organization, depository, clearing settlement and payment under the Law on Securities, businesses licensed to conduct lottery, betting, casino and prize-winning electronic gaming business lines under law.

Viet Nam is also considering issuing a Circular to instruct the combat against money laundering for individuals and organizations in real estate business.

 

23. Accelerate steps to strengthen the operational capabilities of the Anti-Money Laundering Information Centre (AMLIC), particularly the training of existing and newly recruited staff, as well as the completion of the information technology system

Viet Nam has been implementing this recommendation. In accelerating steps to institutionalize and strengthen the operational capabilities of the Anti-Money Laundering Information Centre (AMLIC), the Centre was restructured in 2009 into an independent agency under the Banking Inspection and Supervisory Agency and renamed into Anti-money Laundering Department under the Prime Minister’s Decision No. 83/2009/QD-TTg dated 27 May 2009 on the Mandates, Powers and Organizational Structure of the Banking Inspection and Supervisory Agency of the State Bank of Viet Nam. The Centre’s capacity has been enhanced and there are now 27 staff well equipped with finance and banking, and IT skills.

With the support of international experts, AMLIC staff has been trained on skills related to the gathering and analyzing suspicious transactions reports, and other necessary skills.

In addition, the Anti-money Laundering Department has installed the information technology system for the reception, processing, storage, and reporting of information.

 

24. Consider taking steps to strengthen the operational capabilities of the SBV and MOF in overseeing compliance with the AML Decree and related requirements

Viet Nam has been implementing this recommendation. Paragraph 13 Article 4 of the State Bank Law 2010 provides that “the State Bank of Viet Nam shall be the focal point in coordinating other competent authorities to develop plans and policies on anti-money laundering as well as their implementation”.  Paragraph 1 Article 49 of the State Bank Law also stipulates that “the Banking Inspection and Supervisory Agency is a unit under the State Bank of Viet Nam and is responsible for banking inspection on anti-money laundering”.

With the support of the World Bank (WB) experts, the State Bank of Viet Nam has completed the first draft of the Onsite Inspector’s Manual on Anti-Money Laundering. The draft has been forwarded to various experts for comments. Once completed, the Manual would be a handy tool for onsite inspections on anti-money laundering.

The International Monetary Fund (IMF) has and will assist in training 40 trainers on anti-money laundering and anti-terrorism financing onsite inspection. After the training course, the 40 inspectors will serve as trainers to train other inspectors in the entire banking inspectorate system.

The Chief of the Banking Inspection and Supervisory Agency issued Decision 10162/NHNN-TTGSNH dated 29 December 2010 on the Plan for Inspection of Credit Institutions in 2011, including the onsite inspection on anti-money laundering.

The State Bank of Viet Nam has carried out 24 onsite inspections on anti-laundering in a number of credit institutions.

 

25. Consider taking steps to provide awareness-raising and training to financial institutions and relevant non-financial institutions and individuals subject to the AML Decree, particularly in customer due diligence and STR reporting

Viet Nam has been implementing this recommendation. Since early 2010, the State Bank of Viet Nam and relevant Ministries and agencies have organized training courses for thousands of staff of reporting and investigation agencies and other relevant Ministries and agencies.

In addition, the State Bank of Viet Nam has also sent trainers to assist credit institutions in organizing training courses for the client service staff, tellers and new employees on anti-money laundering.

In 2011, the State Bank of Viet Nam has and will open training courses for staff of commercial banks’ branches in provinces and cities.

 

26. Consider taking steps to enhance investigations skills and techniques of the financing of terrorism

Viet Nam has been implementing this recommendation. The Ministry of Public Security has been focusing on enhancing skills in investigating terrorism financing. Training and capacity building have been regularly implemented via training courses or seminars at home and abroad. In the coming time, the Ministry of Public Security will continue to expand bilateral and multilateral cooperation with countries, international organizations in this domain to enhance the skills and techniques in investigating the financing of terrorism. 

 

27. Consider whether it is useful to continue to have the two thresholds of LVTRs for transactions from deposits into savings accounts and other transactions

Viet Nam is implementing this recommendation. The State Bank of Viet Nam is working closely with other competent authorities to draft the Law on Anti-money Laundering. With respect to the reporting of large-value transactions, the draft provides for one benchmark of large-value transactions reporting, which is equivalent to US$ 10,000.

 

III. Law Enforcement

28. Consider enhancing, within its national counter-terrorism mechanism, coordination and implementation of counter-terrorism policies and measures 

This recommendation has been implemented. In November 2007, the Prime Minister signed and issued the Prime Minister’s Directive 25/2007/CT-TTg dated 15 November 2007 on Counter-Terrorism. According to the Directive, the mechanism is under the direct command of the Prime Minister. In implementing the Directive, ministries and agencies have all set up their own counter-terrorism steering agencies and coordinated with one another in the fight against terrorism.

 

29. Undertake measures to expand access to existing databases that can be populated and vetted by all agencies with counter-terrorism responsibilities

Viet Nam is implementing this recommendation. The Ministry of Public Security intends to develop a plan to share the Interpol’s database on terrorism-related individuals and stolen passports via the Interpol Office in Viet Nam with other Vietnamese competent authorities such as the Anti-Terrorism Department, and the Immigration Department in order to intensify the information exchange and the fight against criminals and terrorists.

 

30. Undertake measure to provide direct access to international databases containing information on individuals and entities engaged in criminal and terrorism activities

Viet Nam has been implementing this recommendation. At present, Interpol has been sharing information on individuals and entities engaged in criminal and terrorism activities with member countries, including Viet Nam. The Ministry of Public Security has been regularly updating the list of terrorism-related individuals provided by Interpol in order to take the preventive actions. The Ministry of Public Security has also taken steps to make use of the Interpol-UN Special Notices for individuals and entities associated with terrorism. Moreover, Ministry of Public Security has joined the common action plan of the ASEAN Chiefs of Police Meeting (ASEANAPOL) on developing a database of terrorists’ websites under the initiative of Japan.

 

31. Consider taking measures to link the national law enforcement database to the INTERPOL I-24/7

Viet Nam takes note of this recommendation and will consider the possibility of taking measures to link the national crime database to the INTERPOL I-24/7 System.

 

32. Consider introducing wire-tapping and other sophisticated investigative techniques in the investigation of terrorism related offences together with due process and safeguards

Viet Nam takes note of this recommendation. Viet Nam will consider sending officials to participate in relevant training programmes to understand new technologies and measures implemented by other countries, with a view to studying the possibility of applying those investigative techniques in the investigation of terrorism-related offences while ensuring due process and safeguards.

 

33. Consider introducing provisions on controlled delivery

Viet Nam has been implementing this recommendation. Article 51 of the Law on Drug Prevention and Fight has put in place regulations concerning controlled delivery by Viet Nam in accordance with international treaties to which Viet Nam is a party with a view to discovering and prosecuting criminal responsibilities to drug offenders.

Currently, the Ministry of Public Security is conducting research and studying documents of relevant international organizations in this field, such as the INTERPOL Environmental Crime Committee’s document on controlled delivery for wild animals, to consider introducing provisions on controlled delivery in others fields.

 

34. Consider taking measures to enhance cooperation with NCB Hanoi and make full use of INTERPOL communication and information tools

Viet Nam has been implementing this recommendation. Currently, Viet Nam relevant agencies are cooperating effectively with the Ministry of Public Security, through the focal point office of INTERPOL Viet Nam , and are taking full advantage of the exchange of information through the Interpol information and cooperation channel.

 

35. Establish a network of liaison officers within national and regional agencies in order to work more effectively with NCB Hanoi

Viet Nam takes note of this recommendation. The Ministry of Public Security is currently studying this issue and will begin implementation as soon as possible.

 

36. Consider placing an officer at the INTERPOL liaison office in Bangkok to facilitate enhanced international cooperation

Viet Nam takes note of this recommendation. The Ministry of Public Security is currently studying this issue and will begin implementation as soon as possible.

 

37. Consider developing a national plan and/or national guidelines/standards for action at the local and regional level in order to confiscate weapons resulting from previous wars that are currently unaccounted for.

Viet Nam is implementing this recommendation. Activities to raise awareness and encourage people to submit weapons and munitions left over from wars are still being implemented comprehensively in all localities, and have achieved encouraging results.

 

38. Consider establishing and strengthening of coordination mechanisms between national and local administrations regarding transportation and storage of industrial explosives

Viet Nam has been implementing this recommendation. The Vietnamese Government has adopted various legal documents regulating the responsibilities and coordination mechanisms between competent agencies from the Central to the local levels related to the management, transportation and storage of industrial explosives, including Decision No. 150/2007/QD-TTG of the Prime Minister dated 9 October 2007 regulating the Vietnam’s Overall Industrial Explosion Materials Development Plan to the Year 2015 and its Orientation towards 2025; Decree No. 64/2005/ND-CP of the Government dated 16 May 2005 regulating the Sanctions for Administrative Violations in Management of Industrial Explosives; Directive No. 504/TTg  of the Prime Minister dated 16 September 1994 on Strengthening the Control of weapons and Explosives in the New Situation.... The authorities also have the plan to review the implementation of these documents to strengthen coordination between central and local administrations concerning transportation and storage of industrial explosives.

 

39. Consider instituting photographing programme at other international border gates for arriving passengers

Viet Nam takes note of this recommendation. Viet Nam will consider the possibility of instituting photographing programme at other international border gates for arriving passengers in line with the process of building the national anti-terrorism strategy and the draft anti-terrorism law.

 

IV. Border control

40. Take measures to ensure the border control/immigration officials have direct access to the INTERPOL SLTD and I-24/7.

Viet Nam is implementing this recommendation. The INTERPOL Viet Nam Office under the Ministry of Public Security often coordinates with the Ministry of Defense, Ministry of Foreign Affairs, and the Ministry of Finance in the implementation of the ASEAN – EU Project on Border Gates Control, Detection of Counterfeit and Stolen Passports which helps to prevent illegal immigration and sabotage activities undertaken by terrorism-related organizations and individuals.

 

41. Consider introducing risk indicators and targeting measures to detect the cross-border movement of cash carriers

Viet Nam is implementing this recommendation. Viet Nam Customs has started applying risk management measures to import and export goods since January 2006. Up to now, the implementation of these measures have brought about specific results (please refer to Recommendation No.46 for more information).

 

42. Take measures to make use of cameras and other surveillance tools at porous border points

Viet Nam has been implementing this recommendation. In recent years, the Ministry of Defense of Viet Nam has installed camera systems at several border gates to monitor border gates and areas, facilitating border management and protection and Border Guards operations.

 

43. Consider installation of systems and requirements that will mandate the receipt of electronic information on cargos well in advance of the arrival of those cargoes in Viet Nam.

Viet Nam is implementing this recommendation. In recent years, the Viet Nam Customs has implemented the Pilot Programme  on Receiving and Processing Manifest Information for Cargoes delivery via Air Express to Serve International Events. Viet Nam will continue to develop necessary legal framework and  conditions to expand the application of this system to meet the recommendation of the CTC.

 

44. Consider taking speedy steps to enhance its overall passenger risk assessment and targeting system by enhancing an Advance Passenger Information System (APIS) in the air passenger environment

Viet Nam has been implementing this recommendation. On 9 April 2011, the Government of Viet Nam promulgated Decree No. 27/2011/ND-CP on the Supply, Exploitation, Handling and Use of Passenger Information before Entering Viet Nam by Air. This Decree has detailed regulations on applying the Advance Passenger Information system (APIS) which included the principles of exploitation, handling and use of APIS data; APIS network web and data supply registration; APIS time frame and data supply mechanism; the authority, responsibility and coordination among agencies exploiting, handling, and using the APIS data.

 

45. Continue its current efforts to implement the WCO SAFE Framework of Standards in order to ensure Customs security analyses and controls prior to the arrival of shipments in Viet Nam

Viet Nam has been implementing this recommendation. Although the WCO SAFE is a non-binding commitment, Viet Nam Customs still continues to make further efforts in this direction. The General Department of Customs issued Decision No. 2425/QD-TCHQ  dated 27 November 2008 on the Action Plan to Implement the Framework of Standards on Global Trade Facilitation and Security Control. The Plan specifies concrete implementations measures, including amendment and supplement to ensure legal framework for the implementation of the Framework of Standards;  upgrade of the system to meet standards in terms of handling of advance electronic information and risk management; improvement of the application of risk management in accordance with the WCO guidelines and standards and on par with other developing countries; full installation of modern control equipment, first at important areas; enhancement of capacity of customs management, promotion of  human resources training to meet with the new customs professional requirements which have been adjusted by the Framework of Standards, enhancement of the Customs-Customs patrnership, Customs-Business partnership and the partnership between Customs and relevant ministries, agencies. 

 

46. Employ a consistent risk management approach to address security

Viet Nam has been implementing this recommendation. The management of exports has shifted from manual method to a modern one. Viet Nam Customs has applied the risk management techniques in line with the WCO standards  in order to conduct focal inspection while facilitating compliance of businesses in accordance with Customs regulations. The rate of good compliance increased from 16% (when risk management was launched in January 2006) to 54% in early January 2011. Percentage of the actual inspection of goods has declined year by year, from above 60% in 2005 (before the launch of risk management) down to 25% in 2006 and by the end of the first quarter of 2011, this ratio decreased down to 16%.

The success in applying the risk management techniques in the customs procedures in particular and customs operations in general has confirmed that the risk management method has actually become the foundation of the customs professional skills, thus meeting the Security Framework of Standards on  trade facilitation and security control, prevention of smuggling and illegal transportation of goods, money, weapons and drugs across the border.

 

47. Continue to take steps to seek any needed additional legislation required for enhanced advanced information in order to comply with SAFE

Please refer to the updated information in Recommendation No. 45.

 

48. Consider increasing the number of Non-Intrusive Inspection equipment (NII) such as large-scale X-ray machines and radiation detectors to ensure cargo security

Viet Nam has been implementing this recommendation. Currently Viet Nam Customs is equipped with mobile and fixed container X-ray machines at Customs branches in key border gates, and will conduct screening for high-risk container in terms of security as well as trafficking, illegal transportation of goods across border. At the same time, the General Customs Department has put in place inspection, control and surveillance processes of goods transported by containers importing, exporting and transiting in Viet Nam.

 

49. Continue to work toward rapid establishment of a SAFE-compliant Authorized Economic Operator Programme

Viet Nam takes note of this recommendation. Viet Nam Customs has studied the SAFE-compliant Authorized Economic Operator Programme and will make efforts to consider and implement this programme when the conditions for human resources, information and techniques are established.

 

50. Consider dedicating training officer(s) at each port, depending upon size or specialization, for on-site and follow-up training

Viet Nam is implementing this recommendation. Professional training for customs officials of Viet Nam is regularly carried out. To ensure the practicality and comprehensiveness of the content of these training classes, in addition to the professional trainers of Viet Nam Customs School, seconded lecturers from Customs units including the offiers working at Customs Service of Ports are also invited to teach the classes.

 

51. Continue to take steps to more fully engage the trade community in cooperative relationships aimed at creating a security-conscious environment throughout the commercial process by implementing standardized security practices for the facilitation of Customs-to-Customs cooperation and Customs-to-Business partnership

Viet Nam has been implementing this recommendation. Viet Nam Customs has a list of partner businesses, which are known for always observing Customs Law and meeting the standards of supply chain security for the classification of goods, encouraged and facilitated the import and export activities of those enterprises. Businesses in this list are encouraged to work with others in their fields to contribute to raising security-awareness and promoting the establishment of a security-conscious environment throughout the commercial process.  Viet Nam Customs has also implemented the “One Stop Shop” mechanism for import and export businesses with a view to facilitating trade, reducing rate of actual inspection of exports and imports while still ensuring full implementation of security standards. These measures, as well as customs management measures of exports, imports, goods in transit, means of transport on exit, entry and transit of organizations and individuals at home and abroad are consistently implemented from the local to the central levels, from provincial customs to the General Department of Customs.

 

52. Take further steps to extend the use of technical equipment to examine and verify the authenticity of national and foreign identity and travel documents, and to cross check these documents against international databases

Viet Nam takes note of the above recommendations of the Counter-Terrorism Committee. Vietnamese agencies are ready to cooperate with countries and international organizations through receiving the necessary equipment and technical support to continue implementing the recommendation. Technical assistance from the Counter-Terrorism Committee in this regard would be welcome.

 

53. Consider taking steps to ratify the 2005 Protocol to the SUA Convention and the 2005 Protocol to the SUA Protocol at an early date

Viet Nam is step-by-step implementing this recommendation. The Government of Viet Nam issued Decree No. 81/2010/ND-CP dated 14 July 2010 on Civil Aviation Security . This important Decree took effects on 8 September 2010. The promulgation of this Decree is an effort of Viet Nam in creating a legal framework in conformity with the Convention on International Civil Aviation and the Protocol of this Convention with a view to becoming a party to the 2005 Protocol to the SUA Convention and the 2005 Protocol to the SUA Protocol in the long run.

 

54. Undertake steps to revise the National Civil Aviation Security Programme (NCASP) to ensure that appropriate policies are developed to reflect all Annex 17 to the Convention on International Civil Aviation (Chicago Convention, 1944) Security Standards

Viet Nam is implementing this recommendation.  The Ministry of Transport is drafting a Circular on the Issuance of the Viet Nam Civil Aviation Security Programme and Viet Nam Aviation Security Quality Control with a view to revising the National Civil Aviation Security Programme (NCASP) to ensure that our measures are in compliance with the Security Standards in Annex 17 of the Convention on International Civil Aviation (Chicago Convention 1944).

From 7-14 December 2010, the International Civil Aviation Organization (ICAO) organized an inspection team in Viet Nam on aviation security assurance in the framework of the Global Security Inspection and put forth 31 Recommendations on aviation security assurance for Viet Nam. The Ministry of Transport is also working to reflect ICAO's recommendations on the above-mentioned Circular.

 

55. Establish a National Civil Aviation Security Committee

This recommendation has been implemented. On 3 August 2010, the Prime Minister issued Decision No. 1360/QD-TTg on the establishment and regulation of responsibilities, tasks, powers and structure of the National Civil Aviation Security Committee.

On 15 April 2011, the Prime Minister issued Decision No. 546/QD-TTg on the Assignment of Deputy Prime Minister Hoang Trung Hai to be the Chairman and heads of relevant authorities to be the Deputy Chairmen of the National Civil Aviation Security Committee.

 

56. Develop appropriate policies and procedures for the verification of background checks for persons applying for airport identification

Viet Nam is implementing this recommendation. The appropriate procedures to define background check for persons applying for airport identification will be incorporated in the Circular of the Minister of Transport on the release of the Viet Nam Civil Aviation Security and National Civil Aviation Security Quality Control Programme, which is now being developed by the Ministry of Transport,

 

57. Undertake steps to make the Airport Security Committee fully operational

Viet Nam is implementing this recommendation. The measures to ensure that the Airport Security Committee will fully operate will be included in the Circular of the Minister of Transport on the issuance of the Viet Nam Civil Aviation Security and National Civil Aviation Security Quality Control Programme, which is now being developed by the Ministry of Transport.

 

58. Undertake steps to further develop and implement a comprehensive NCASP, NCASTP and NQCP and an oversight regime

Viet Nam is implementing this recommendation. The Ministry of Transport is currently developing the Civil Aviation Security Capacity Building Project and the Maritime Security Capacity Building Project to be submitted to the Prime Minister for consideration, approval and implementation in order to further develop and better implement the NCASP, NCASTP and the Government's Resolutions.

 

V. Refugees

59.  Consider becoming a signatory to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. It should also continue to work with the international community including UNHCR to ensure that terrorists cannot abuse the system for international refugee protection.

Viet Nam takes note of the recommendations of the CTC. Viet Nam's relevant agencies are considering the possibility of becoming a signatory to the above-mentioned Convention and Protocol. In the meantime, Viet Nam has and will continue to work with UNHCR and other relevant nations to ensure that the system for refugee protection is not abused to harm national security.

………

 

This is the updated information of Viet Nam on the implementation of 59 recommendations of the Counter-Terrorism Committee of the United Nations Security Council. The Government of the Socialist Republic of Viet Nam has and will continue to take measures to well implement the above recommendations and looks forward to receiving further cooperation and support of the Counter-Terrorism Committee.

 



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