Vietnam Law & Legal Forum Magazine is your gateway to the law of Vietnam

Official Gazette

Monday, July 6, 2020
Tags: money laundering
Shaping a legal framework for cryptoassets in Vietnam Shaping a legal framework for cryptoassets in Vietnam
For the time being, there has been no unified definition of “cryptoasset” or “digital asset” or “virtual asset” in the world. According to the Financial Action Task Force (FATF), a global money laundering and terrorist financing watchdog, “a virtual asset is a digital representation of value that can be digitally traded, or transferred, and can be used for payment or investment purposes.”[1] Canada’s model legislation regarding digital assets, the Uniform Access to Digital Assets by Fiduciaries Act, defines “a digital asset” as “a record that is created, recorded, transmitted or stored in digital or other intangible form by electronic, magnetic or optical means or by any other similar means.”[2] Cryptocurrency (or virtual currency) is a form of cryptoassets (or virtual assets). There is also no unified definition of this term in the world.
Official Gazette issues Nos 105-108/2019 published on February 04 2020 Official Gazette issues Nos 105-108/2019, published on February 04, 2020
Fundraising through new channels - opportunities and legal challenges Fundraising through new channels - opportunities and legal challenges
The Fourth Industrial Revolution helps create new products and services as well as business models in an open atmosphere without any distance between the reality and cyber space. However, Vietnam’s existing legal framework still fails to meet the demand for realizing these products, services and models. It is not yet mature for the application of novel forms of raising funds from angel investors or venture investment funds. So far, there is no legal corridor for innovative startups, particularly fintech ones. This article introduces new fundraising channels and their legal challenges and puts forward recommendations for formulating a regulatory sandbox applicable to these channels.
Anti-money laundering regulations to be revised Anti-money laundering regulations to be revised
Payment intermediary service providers would have to apply measures to prevent and combat money laundering as financial institutions do. Such is provided in a draft decree prepared by the State Bank of Vietnam to revise several articles of Decree 116 of 2013.
Official Gazette issues Nos 49-51/2019 released on August 26 2019 Official Gazette issues Nos 49-51/2019, released on August 26, 2019
Central bank puts forth tighter regulations on e-wallets Central bank puts forth tighter regulations on e-wallets
The State Bank of Vietnam has proposed stricter regulations on opening and use of e-wallets in a draft circular revising Circular 39 of 2014 on intermediary payment services, with the aim of preventing the abuse of the e-wallet business for money laundering and other illegal purposes.
Resolution guiding money laundering enforcement announced Resolution guiding money laundering enforcement announced
The Supreme People's Court and the State Bank on May 31 held a joint seminar in Hanoi to announce the Resolution guiding the implementation of the 2015 Penal Code’s Article 324 on money laundering.
Redefining criminal policies against the backdrop of the fourth industrial revolution Redefining criminal policies against the backdrop of the fourth industrial revolution
The fourth industrial revolution has brought about numerous opportunities and posed great challenges[1] to the society in general and criminal justice in particular as there are numerous important fields directly and deeply impacted by this revolution[2]. This requires a fresh perception of criminal policies, including criminalization and decriminalization policies, as well as a new approach in the prevention and combat of newly emerging crimes, which must be based on the Party’s viewpoints and guidelines, the State’s overall socio-economic and international integration policies and regulations[3], historical-traditional conditions and crime prevention and combat practice. The globalization of criminal jurisdiction also requires the State to develop new criminal policies and reorganize the criminal justice system in order to clearly identify, effectively prevent, respond to and combat newly emerging crimes, particularly those against the national security and sovereignty, social order and safety, human and citizens’ rights.
Vietnam looks to develop cashless payment Vietnam looks to develop cashless payment
The State Bank of Vietnam is working to complete the legal corridor and build rational mechanisms to boost cashless payments, which helps prevent corruption, money laundering, and tax invasion.
Vietnam commits to fight money laundering Vietnam commits to fight money laundering
Chief Justice of the Supreme People’s Court Nguyen Hoa Binh said at a workshop in Da Nang on July 9 that some articles of the 2015 Penal Code regarding fighting money laundering are unclear, and guidance is needed to ensure the laws against money laundering are effectively carried out.

Video

Vietnam Law & Legal Forum