MINISTRY OF EDUCATION AND TRAINING UNIVERSITY OF ECONOMICS HO CHI MINH CITY CHUNG PHỐI DIỆU MONEY LAUNDERING – AWARENESS AND PREVENTING AT COMMERCIAL BANKING SYSTEM IN HO CHI MINH CITY MASTER THESIS Faculty of Banking Ho Chi Minh City – 2011 2011 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com MINISTRY OF EDUCATION AND TRAINING UNIVERSITY OF ECONOMICS HO CHI MINH CITY CHUNG PHỐI DIỆU MONEY LAUNDERING – AWARENESS AND PREVENTING AT COMMERCIAL BANKING SYSTEM IN HO CHI MINH CITY MAJOR: BANKING AND FINANCE MAJOR CODE: 60.12 MASTER THESIS SUPERVISOR HỒ VIẾT TIẾN Ph. Faculty of Banking Ho Chi Minh City 2011 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com CERTIFICATE I assure that the contents and figures in this research are from my study and performance and have been properly quoting. The writer Chung Phoi Dieu LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com TABLE OF CONTENT ABSTRACT ACKNOWLEDGE ABBREVIATION LIST OF TABLES Chapter 1. Introduction to the study .1 Rationale of the study:.2 Statement of the problem:.5 Scope and limitation of the study: .6 Methodology of the study:.7 Structure of the study:.
Overview of Money laundering (ML) and Anti Money laundering (AML) .1 Basic information about ML: .1 Definition of ML: .2 The cycle of ML.3 The impact of ML and the importance of AML: .4 Examples of suspicious transactions:.2 The worldwide experience on enforcement of AML: .1 Some typical organizations set up and promote standards on AML:.2 The AML enforcement in some countries: .23 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.2 Data sources and collection .1 The secondary data:.2 The primary data: .3 Data analysis and presentation:. The current awareness and preventing on ML at commercial banks in HCMC .1 Overview of ML and AML in Vietnam banking system: .1 Overview of legal framework of ML and AML on Vietnam banking system: .2 Overview of commercial banking system in HCMC: .3 ML & AML in Vietnam banking system in general: .2 The necessary of AML in Vietnam: .3 The achievement of AML in banking sector:.2 Government management and monitoring of ML and AML: .3 Methods of AML: .4 AML international cooperation:.4 The main constraints of ML and AML in Vietnam banking sector: .1 Largely cash-based economy: .2 Deficiency of ML and AML law and regulations: .3 ML and AML - new concept to Vietnam:.4 The competition between banks:.5 The inconsistence implementation of ML and AML procedures between banks: .6 Lack of the on site inspection undertaken to date by financial supervisors: .7 Lack of the information exchanging with international departments: .5 The evaluation of awareness and preventing ML at commercial banks in HCMC:.49 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.1 Hypothesis testing results: .2 The AML policy and AML department in each sector: .3 The current training in each sector:. The implications for the banking systems on ML & AML .1 Improving the legal framework on ML and AML in Vietnam: .2 Popularizing and promoting the knowledge of ML and AML to the public: .3 Establishing the closely and prudently monitoring:.4 Enhancing international relationship to corporate to international AML: .1 Learning and sharing experience between commercial banks lead by SBV: .2 Establishing and strengthening the missions of AML department:.3 Popularizing and enforcing the AML policies and procedures in each bank: .4 Conducting on-going training to staffs: .71 APPENDIX LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com ABSTRACT WÕX Nowadays, people in the world gradually recognize that there is serious risks exist when the criminal activity that involves crime money is transferred or “laundered” successfully to become the legitimate fund. It could bring to large threat to the economy as such huge “legitimate” fund which in turn could control again the economy.
Especially, banking system may be one of the place for these money laundering activities to be happened easily incase there are loose of controlling and vigilance for this risk. The need for enhancing the anti money laundering regime and made the international financial systems transparency and integrity is more important than ever to ensure and limit the public funds mobilized will not be the laundered or criminal funds or the banks will not be used for money laundering. As a part in the global economy integration and global financial systems, Vietnam is also under the trend to build the fence to prevent for the money laundering. We are here to assess for the current situation of the money laundering and anti money laundering regime in Vietnam commercial banking sector in order to find out for any implications to improve the current regime to be as strong as we could.
Of course, the effective way is to give rise to banks and personal responsibility. To detect, prevent ML and protect the financial community, every financial institution and every employee in the financial sector has a role to play. LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com ACKNOWLEDGE WÕX Firstly, I would like to express my deep and sincere appreciation to my research Supervisor, Dr. Ho Viet Tien for his valuable guidance and comments as well as his experience sharing and encouragements throughout my research course.
I would like to thank to the banking experts from commercial banks in Ho Chi Minh City who are enthusiasm and helpful to share their knowledgeable opinions and experience. Moreover, the gratitude is also addressed to all of the banking staffs, banking friends and classmates who fervently participated in the survey. Last but not least, my special appreciation is extended to all instructors at Faculty of Banking and Postgraduate Faculty, University of Economics Ho Chi Minh City for their precious coaching and supporting during my study. Once again, thanks for all my beloveds for your ceaseless support to complete this research.
LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com ABBREVIATION AML Anti – Money Laundering AMLIC Anti-Money Laundering Information Center APG Asia Pacific Group CDD Customer Due Diligence CFATF Caribbean Financial Action Task Force EAG Eurasian Group on Combating Money Laundering and Financing of Terrorism ESAAMLG Eastern and South African Anti Money Laundering Group FinCEN Financial Crimes Enforcement Network FIUs Financial Intelligent Units FSRBS FATF-style regional bodies GAFISUD Financial Action Task Force on Money Laundering in South America GIABA Inter-Governmental Action Group against Money Laundering in West Africa HCMC Ho Chi Minh City KYC Know Your Customer MENAFATF Middle East and North Africa Financial Action Task Force ML Money laundering ODCCP Office for Drug Control and Crime Prevention PEPs Politically Exposed Persons SBV State bank of Viet Nam UN United Nations UNODC United Nations Office on Drugs and Crime LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com LIST OF TABLES Table 3-1 – Formula of measurement. 31 Table 4-1 – Network of commercial banks in HCMC. 38 Table 4-2 – The suspicious transactions report. 41 Table 4-3 – The statistical data of question 9.
51 Table 4-4 – Frequency thinking of ML and AML of staffs. 53 Table 4-5 – AML policy and department in each sector. 54 Table 4-6 – The sources of ML and AML knowledge. 55 Table 4-7 – Actions taken by staffs.
56 LUAN VAN CHAT LUONG download : add luanvanchat@agmail. Introduction to the study ----------------------------------------------------------------------------------------------------- 1.1 Rationale of the study: Drugs / arms trafficking, corruptions, smugglings etc “generate” huge monetary value every year. The criminal would find the way to “clean” these illicit funds to be the legal sources as from the legitimate business activities for their own using. This cleaning process is known as money laundering.
Gradually, money laundering (ML) and anti money laundering (AML) became a global issue as its wide range affect on economic, finance, politic as well as society of not only within a country but also worldwide stability. Especially the banking system is constantly under the threat from these laundering processes. Most countries now have AML measures in place and these laws, regulations give rise to corporate and personal responsibility. Currently there are 34 countries became members of Financial Action Task Force on Money Laundering (FATF), an intergovernmental body whose purpose is to develop and promote an international response to combat money laundering.
Vietnam is also became a member of Asia Pacific Group (APG) on Money Laundering in 2007 and is on the way to develop their laws and enforcement on this global issue to comport with international standards. Due to the habit of using cash as well as the increasing of the trade and investment, Vietnam has been labeled as the site of significant money laundering activities by the United Nations Office on Drugs and Crime (UNODC). Almost all trade, investment, cash in transactions are not monitored effectively at our banking system due to ML and AML is still a new concept in many people’s mind in Vietnam. The banking system could be used for money laundering.
Therefore, the faster and effectiveness Vietnam banking system upgrade the regime of ML and preventing ML, the less the crimes are disguised to legitimate LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com 2 business through this channel. The awareness of the bank staffs on AML plays an important role in preventing the service provided by the bank from being used for illicit activities. The banking staffs needs to be vigilant at all time to protect the reputation as well as the customers of the bank and to meet the legal and moral obligations.2 Statement of the problem: Well awareness of AML will help to reduce the possibility of the money launderers to legalize their crime funds. This thesis will conduct an assess on the understanding and awareness of banking staffs (between Vietnamese commercial banks and foreign banks in Vietnam) on ML and preventing ML in order to know the current situation of this issue in our banking system; address the main achievements and practical constraints and to find out the implications in order to take additional steps necessary to establish the strong AML regime in Vietnam banking system.3 Research questions: With the above research statement, the study will answer the following questions: - What are ML and why Vietnam banking system needs to prevent ML? - What are the current situations of ML & AML in Vietnam banking system? What are the main achievement and practical constraints of ML & AML in Vietnam banking system? - What are the current understanding and awareness of ML and preventing of ML between foreign bank and Vietnamese commercial bank staffs? Are there differences AML practices between these two sectors (hypothesis testing)? - What are the implications for the regime of ML & AML in Vietnam banking system? LUAN VAN CHAT LUONG download : add luanvanchat@agmail.4 Research objectives: Researching the problem and answering the above research questions will aim to - To gain the knowledge of ML & AML in general.
- To approach the current practices of ML & AML in Vietnam banking system. - To assess the understanding and awareness between Vietnamese commercial bank and foreign bank staffs in ML & AML. - To figure out the implications to improve and establish the strong knowledge and regime of ML & AML in Vietnam banking system.5 Scope and limitation of the study: 1.1 Scope: As mentioned above, this study will research the awareness and prevention of ML at commercial banks in Vietnam through two main sectors of banking system that is Vietnamese commercial banks and foreign banks in Vietnam. Vietnamese commercial banks sector included three Vietnamese state-owned commercial banks and eight Vietnamese joint-stock commercial banks.
Foreign banks in Vietnam sector included four 100% foreign-owned banks, six branches of foreign banks (details see appendix 1). We excluded the joint venture bank in this research. The reason for choosing these typical banks for research is due to their large charter capital and their widest network compared to each sector’s individual banks (details of charter capital and network of the above individual banks see appendix 1). We conduct the research on the case study at Ho Chi Minh City (HCMC) of Vietnam.