International anti-money laundering standards and their implementation by Vietnam.
Degree GrantorUniversity of Canterbury
In recent decades, the international community has made a concerted effort to develop the international Anti-Money Laundering Standards (AMLSs) and enhance their implementation at a national level. It is submitted that the AMLSs serve various laudable aims and States should adequately implement those standards. In fact, most States, including Vietnam, have been striving for the highest level of compliance with the AMLSs. This thesis suggests that external pressure and State socialization has compelled developing States to implement and comply with the international AMLSs, and Vietnam is an obvious case study. This thesis examines concisely the development and underlying rationales of a number of key categories of international AMLSs, and the difference in national implementation of each category. The implementation of such multifaceted standards in a transitional State, like Vietnam, requires substantial legal and administrative reform, which often faces numerous domestic hurdles. The examination of Vietnamese AML legislation has revealed that while significant deficiencies remain, certain categories of AMLSs have been transformed wholesale into Vietnamese law. As a part of the objectives of this study, suggestions for law reform have been made to close the gaps between the AML laws of Vietnam and the international standards. It is likely that Vietnam, within a short time, will revise the laws in order to obtain a better degree of compliance. However, given the political, economic and legal factors of Vietnam, this thesis argues that the enforcement of the laws in practice will be still limited. In other words, in the near future Vietnam can achieve what appears to be a high level of compliance with the international AMLSs, but only on paper.