Vietnam: Who has the power to decide the freezing and disposal of assets involved in terrorism?

11:19, 15/10/2013

This is a notable content of Decree No. 122/2013/ND-CP of Vietnam’s Government on circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing; and compilation of the list of organizations and individuals involved in terrorism or terrorist financing.

According to Article 7 of Decree No. 122/2013/ND-CP of Vietnam’s Government, the power to decide circulation suspension, freezing, sealing, temporary seizure and disposal of money and assets involved in terrorism or terrorist financing is specified as follows:

Trình tự phong tỏa tiền, tài sản liên quan khủng bố qua HĐ tài chính

- The Minister of Public Security has the power to issue decisions on confiscating or destroying money, assets involved in terrorism or terrorism financing; return money, assets to the lawful owners in case of such objects are appropriated or illegally used for terrorism and terrorism financing; and revoke the decisions issued by him or by Directors of police departments of provinces and central-affiliated cities or by the General Director of 1st General Department of Security.

- Directors of police departments of provinces and central-affiliated cities (hereinafter referred to as provincial police departments) have the power to decide the implementation or revocation of the circulation suspension, freezing, sealing and temporary seizure of money and assets involved in terrorism or terrorist financing on cases prescribed in clause 1, 2 Article 8 and clause 3 Article 9 of this Decree.

- The General Director of 1st General Department of Security has the power to decide the implementation or revocation of the circulation suspension, freezing, sealing and temporary seizure of money and assets involved in terrorism or terrorist financing on cases prescribed in clause 2 Article 8 and Article 10 of this Decree.

However, on a case-by-case basis, the General Director of 1st General Department of Security or directors of provincial police departments shall may consider allowing organizations or individuals who have suspended, frozen or sealed money or assets to use a sufficient amount of such money or assets to pay for legal and other protection services or essential expenses for daily life and medical needs. The permission and use of the essential expenses mentioned above shall be in compliance with Vietnamese law and international treaties of which Vietnam is a signatory.

View other provisions at Decree No. 122/2013/ND-CP of Vietnam’s Government, effective from October 11, 2013.

Thu Ba

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