Decision 09/2023/QD-TTg issuance of APEC Business Travel Cards

DECISION

Providing the order, procedures and competence for grant, and management, of APEC business travel cards^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 22, 2019 Law on Exit and Entry of Vietnamese Citizens;

Pursuant to the June 16, 2014 Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in, Vietnam; and the November 25, 2019 Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence in, Vietnam;

Pursuant to the National Assembly Standing Committee’s Resolution No. 889/2005/NQ/UBTVQH11 of May 19, 2005, on Vietnam’s participation in the APEC Business Travel Card Program;

At the proposal of the Minister of Public Security;

The Prime Minister provides the order, procedures and competence for grant and management of APEC business travel cards.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decision provides the subjects eligible for grant of APEC business travel cards; order, procedures and competence for grant, and management, of APEC business travel cards for Vietnamese businesspersons; review and approval of eligibility and grant of temporary residence certificates for foreign businesspersons using APEC business travel cards; and responsibilities of agencies, organizations, enterprises and individuals in using and managing APEC business travel cards.

Article 2. Subjects of application

1. Vietnamese businesspersons; foreign businesspersons.

2. Cadres, civil servants and public employees who have the duty to attend meetings, conferences, seminars and economic cooperation and development events of the APEC.

3. Agencies, organizations, enterprises and individuals involved in the approval, grant, use and management of APEC business travel cards for Vietnamese businesspersons, and review and approval of eligibility and grant of temporary residence certificates for foreign businesspersons.

Article 3. Interpretation of terms

In this Decision, the terms below shall be construed as follows:

1. APEC business travel card (ABTC) is a type of card granted by the authority of an APEC member economy to businesspersons of that member economy after receiving entry permission from other APEC member economies.

2. Vietnamese businesspersons mean persons who hold Vietnamese citizenship, permanently reside in Vietnam and are working at agencies, enterprises and organizations established in accordance with Vietnam’s law.

3. Foreign businesspersons mean businesspersons of APEC member economies who are considered for approval for grant of entry permission or have ABTCs for entry into Vietnam.

Article 4. Forms of the ABTC

1. The ABTC takes two forms: physical card and virtual card. Physical ABTCs and virtual ABTCs have the same legal validity.

2. Physical ABTC is a rectangular card which is printed on a special material using the same technology among APEC member economies and meets standards set by the International Civil Aviation Organization.

3. Virtual ABTC is a card granted on an electronic interface via the ABTC app installed on Internet-connected smart electronic devices.

4. Vietnamese businesspersons may choose between physical ABTCs and virtual ABTCs.

Article 5. Information written on ABTCs

An ABTC contains the following information: the card holder’s portrait, full name, date of birth, gender and citizenship; the card’s serial number and expiry date; the card holder’s signature and passport number; and the APEC member economies having granted entry permission.

Article 6. Responsibilities in using ABTCs

1. Vietnamese businesspersons who are granted ABTCs shall use the cards while traveling to other APEC member economies for carrying out business cooperation, trade, investment, and service provision, for attending conferences or seminars, or for other economic purposes in APEC member economies; keep and preserve the cards; refrain from erasing, modifying or falsifying the form of and the information written on the cards; and may not use the cards to commit violations of law.

2. Vietnamese businesspersons who are granted ABTCs shall respect and abide by the laws on entry, exit, transit and residence and other regulations relating to their activities in APEC member economies.

3. Foreign businesspersons using ABTCs shall comply with the law on foreigners’ entry into, exit from, and residence in, Vietnam.

4. The passport number of a card holder written on his/her ABTC must match the serial number of the passport he/she currently uses.

5. Vietnamese businesspersons who no longer work at the agencies, enterprises or organizations or no longer hold the positions mentioned in Article 9 of this Decision shall return their ABTCs to their agencies, enterprises or organizations.

Article 7. Immigration control for businesspersons holding ABTCs

1. An ABTC shall be valid for entry into and exit from the APEC member economies indicated on the card. Upon each entry, the card holder shall be granted a temporary residence certificate by the concerned APEC member economy for the period specified by that member economy.

2. Vietnamese businesspersons and foreign businesspersons holding ABTCs shall present their ABTCs and valid passports to immigration officers upon entry and exit at border gates of APEC member economies.

3. Businesspersons holding ABTCs shall be given priority to carry out immigration procedures at designated areas at border gates of APEC member economies.

Chapter II

CONDITIONS AND CRITERIA FOR CONSIDERATION FOR GRANT OF ABTCs TO VIETNAMESE BUSINESSPERSONS

Article 8. Conditions for consideration for grant of ABTCs

1. Conditions with regard to agencies and organizations where businesspersons are working:

Having a need to send their staff members on short-term business trips on a frequent basis to attend conferences, seminars, annual meetings or economic cooperation and development events of the APEC.

2. Conditions with regard to enterprises where businesspersons are working:

a/ Having operated consecutively for 12 months or more and strictly abiding by the laws on trade, tax, customs, labor and social insurance and other relevant laws;

b/ Having directly signed and implemented business cooperation agreements with partners in APEC member economies;

c/ Having a need to send their staff members on short-term business trips on a frequent basis to carry out business cooperation, trade, investment and service activities or to serve other economic purposes in APEC member economies.

3. Conditions on businesspersons applying for ABTCs:

a/ Being aged full 18 years or older and having full civil act capacity;

b/ Currently working and holding positions at agencies, organizations or enterprises for 12 months or more, counted up to the time of applying for the letter of approval to use ABTCs;

c/ Not falling into the cases of suspension from exit as specified in Article 36 of the Law on Entry and Exit of Vietnamese Citizens.

Article 9. Subjects to be considered for grant of ABTCs

1. Businesspersons working at state enterprises:

a/ Holders of the positions of Chairperson of the Members’ Council, Chairperson of the Board of Directors, Company President, member of the Members’ Council, member of the Board of Directors; Chief Executive Officer and Chief Operations Officer at enterprises or banks or bank branches;

b/ Heads and deputy heads of Industrial Park, Export Processing Zone and Economic Zone Management Boards;

c/ Chief accountants, heads and deputy heads of departments and divisions directly related to business, trade, investment and service activities in enterprises; heads of branches of enterprises.

2. Holders of the positions of Chairperson of the Members’ Council, Chairperson of the Board of Directors, Company President, Chief Executive Officer and Chief Operations Officer  at enterprises affiliated to socio-political organizations; President and Vice Presidents of the Vietnam Chamber of Commerce and Industry; heads and deputy heads of departments, directors and deputy directors, and heads of divisions of the Vietnam Chamber of Commerce and Industry.

3. Businesspersons currently working at enterprises lawfully established under Vietnam’s law:

a/ Owners of sole proprietorships, holders of the positions of Chairperson of the Members’ Council, member of the Members’ Council, Chairperson of the Board of Directors, member of the Board of Directors; Company President; and Chief Executive Officer and Chief Operations Officer at enterprises;

b/ Holders of the positions of Chairperson of the Board of Directors, Member of the Board of Directors, and Chief Executive Officer and Chief Operations Officer at cooperatives or unions of cooperatives;

c/ Chief accountants, divisional directors or heads of divisions directly related to business, trade, investment and service activities in enterprises; heads of branches of enterprises.

4. Cadres, civil servants and public employees who have the duty of attending conferences, seminars, meetings and economic cooperation and development events of the APEC.

5. Chief representatives and deputy chief representatives of Vietnam’s trade representative offices in APEC member countries and territories.

Chapter III

ISSUANCE OF LETTERS OF APPROVAL FOR USE OF ABTCs TO VIETNAMESE BUSINESSPERSONS

Article 10. Competence to consider issuance of letters of approval for use of ABTCs

1. Ministers, heads of ministerial-level agencies and heads of government-attached agencies shall consider and issue letters of approval for use of ABTCs for the subjects specified at Points a and c, Clause 1, and Clauses 4 and 5, Article 9 of this Decision who are currently working at enterprises under the management of their ministries or agencies.

The State Bank Governor shall consider and issue letters of approval for use of ABTCs for businesspersons who are currently working at credit institutions.

The Minister of Finance shall consider and issue letters of approval for use of ABTCs for businesspersons who are currently working at enterprises operating in the fields of finance and securities.

2. Chairpersons of the Members’ Councils of groups and corporations and Company Presidents appointed by the Prime Minister shall consider and issue letters of approval for use of ABTCs for the subjects specified at Points a and c, Clause 1, Article 9 of this Decision who are currently working at enterprises established by the Prime Minister.

3. Chairpersons of provincial-level People’s Committees shall consider and issue letters of approval for use of ABTCs for:

a/ The subjects specified in Clause 1, Article 9 of this Decision who are currently working at enterprises under the management of the provincial-level People’s Committees;

b/ The subjects specified in Clause 3, Article 9 of this Decision.

4. Heads of socio-political organizations at the central level or leaders of the Vietnam Chamber of Commerce and Industry shall consider and issue letters of approval for use of ABTCs for the subjects under their management as specified in Clause 2, Article 9 of this Decision.

5. In special and necessary cases, the Minister of Public Security shall consider and decide to issue letters of approval for use of ABTCs for businesspersons.

6. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall sign or authorize their deputies to sign letters of approval for use of ABTCs for businesspersons under their management.

Article 11. Procedures for issuance of letters of approval for use of ABTCs for the businesspersons specified in Clauses 1, 2, 4 and 5, Article 9 of this Decision

1. An agency, organization or enterprise where a businessperson specified in Clause 1, 2, 4 or 5, Article 9 of this Decision works shall hand-deliver 1 set of dossier of application for a letter of approval for use of ABTCs to the specialized agency of the concerned ministry, sector, provincial-level People’s Committee, socio-political organization or the Vietnam Chamber of Commerce and Industry or submit it online via the National Public Service Portal or Public Service Portal of the ministry, sector or provincial-level People’s Committee.

2. A dossier must comprise:

a/ A request for issuance of a letter of approval for use of ABTCs (original), signed by the leader of the agency or organization or the enterprise’s legal representative, who shall be held responsible for eligibility of the businessperson for whom a letter of approval is applied, made according to Form CV01 provided in the Appendix to this Decision;

b/ A certified copy, in paper or electronic form, of the Decision on sending staff members on business trips or papers and documents proving their duty to attend conferences, seminars, meetings or other economic cooperation and development events of the APEC. If the copy is not certified, the original must be presented for inspection and collation.

3. In case the dossier is valid, the specialized agency of the concerned ministry, sector or provincial-level People’s Committee, socio-political organization, or the Vietnam Chamber of Commerce and Industry shall receive and process it. In case the dossier is invalid, the specialized agency of the concerned ministry, sector or provincial-level People’s Committee, socio-political organization, or the Vietnam Chamber of Commerce and Industry shall guide the applicant to complete the dossier, using Form CV03 provided in the Appendix to this Decision.

4. Within 15 days, the specialized agency of the concerned ministry, sector or provincial-level People’s Committee, socio-political organization, or the Vietnam Chamber of Commerce and Industry shall consider and propose an authority to issue a letter of approval for use of the ABTC in case the businessperson is qualified or give a written reply in case the businessperson is disqualified.

5. Within 5 working days after receiving the dossier submitted by the specialized agency, the authority shall consider and issue a letter of approval for use of the ABTC. In case of refusal, it shall issue written notice, clearly stating the reason.

6. Agencies, organizations and enterprises that apply for letters of approval for use of ABTCs may register to receive dossier processing results in person or online via the Public Service Portals or public postal services.

7. In case of submitting dossiers in person, agencies, organizations and enterprises may appoint other persons to submit dossiers and receive dossier processing results on behalf of concerned businesspersons.

Article 12. Procedures for issuance of letters of approval for use of ABTCs for the businesspersons specified in Clause 3, Article 9 of this Decision

1. Enterprises where the businesspersons specified in Clause 3, Article 9 of this Decision work shall hand-deliver to specialized agencies of provincial-level People’s Committees 1 set of dossier of request for issuance of a letter of approval for use of ABTCs or submit it online via Public Service Portals of provincial-level People’s Committees.

2. A dossier must comprise:

a/ A request for issuance of a letter of approval for use of ABTCs (original), signed by the enterprise’s legal representative who shall be held responsible for eligibility of the person for whom the letter of approval is applied, made according to Form CV01 provided in the Appendix to this Decision;

b/ A general report listing in detail the tax amounts paid by the enterprise or businessperson to the state budget in the last 12 months, counted up to the time of applying for a letter of approval for use of the ABTC;

c/ A certified copy, in paper or electronic form, of the commercial contract signed by the enterprise in person or via an electronic transaction with the partner of an APEC member economy no more than 2 years counted up to the time of applying for a letter of approval for use of ABTCs, accompanied by documents showing that the signed contract or cooperation documents have been performed. If the documents are in a foreign language, their notarized or certified Vietnamese translations are required. In case the enterprise has yet to sign any commercial contract, there must be documents proving its need to cooperate with partners of APEC member economies;

d/ A certified copy, in paper or electronic form, of the concerned businessperson’s valid passport or a document showing the need to take short-term business trips on a frequent basis to sign and implement business cooperation agreements with foreign partners. In case the copy is not certified, the original must be presented for inspection and collation;

dd/ A certified copy, in paper or electronic form, of the concerned businessperson’s appointment decision. In case the copy is not certified, the original must be presented for verification and collation;

e/ A report on the enterprise’s observance of social insurance obligations in the last 12 months and the concerned businessperson’s process of social insurance premium payment, counted up to the time of applying for a letter of approval for use of the ABTC, enclosed with supporting documents; the businessperson’s period of payment of social insurance premiums must be at least 12 months. In case the businessperson is no longer in the age bracket subject to participation in compulsory social insurance or has fulfilled the obligation to participate in compulsory social insurance, the report must clearly state the reason and be enclosed with supporting documents. In case the businessperson is not subject to participation in compulsory social insurance, the enterprise’s written certification thereof is required;

g/ The enterprise’s latest financial statement approved by a authority.

3. In case the dossier is valid, the specialized agency of the provincial-level People’s Committee shall receive and process it. In case the dossier is invalid, the specialized agency of the provincial-level People’s Committee shall guide the applicant to complete the dossier using Form CV03 provided in the Appendix to this Decision.

4. Within 3 working days after receiving a valid dossier, the specialized agency of the provincial-level People’s Committee shall forward the dossier to tax, customs, insurance and public security agencies for the latter to verify information relating to the enterprise and businessperson applying for approval for use of the ABTC. Upon arising of complicated problems, the specialized agency of the provincial-level People’s Committee shall send the dossier to other agencies for verification.

5. Within 20 days after receiving a written request from the specialized agency of the provincial-level People’s Committee, the tax, customs, insurance and public security agencies shall issue a reply on verification results; if no reply is issued, these agencies shall be considered accepting the dossier and held responsible therefor. In case it is required to carry out the verification at more than one place, the tax, customs, insurance and public security agencies shall exchange opinions in writing with the specialized agency of the provincial-level People’s Committee to extend the time limit for issuing a reply on verification results; the extension time must not exceed 15 days.

6. On the basis of verification results of tax, customs, insurance and public security agencies and after considering the enterprise’s production and business capacity and capability and plan for cooperation with partners of APEC member economies, within 5 working days, the specialized agency of the provincial-level People’s Committee shall consider and propose the chairperson of the provincial-level People’s Committee to issue a letter of approval for use of the ABTC for the businessperson, in case the businessperson is qualified, or shall make a reply, in case the businessperson is disqualified.

7. The chairperson of the provincial-level People’s Committee shall consider and issue a letter of approval for use of the ABTC for the businessperson within 5 working days after receiving the dossier submitted by the specialized agency. In case of refusal, he/she shall issue a notice, clearly stating the reason.

8. Enterprises applying for letters of approval for use of ABTCs may register to receive dossier processing results in person or online via Public Service Portals or public postal services.

9. In case of submitting dossiers in person, enterprises may appoint other persons to submit dossiers and receive dossier processing results on behalf of concerned businesspersons.

Chapter IV

GRANT OF ABTCs TO VIETNAMESE BUSINESSPERSONS

Article 13. Procedures for grant of new ABTCs

1. A new ABTC shall be granted in the following cases:

a/ First-time grant;

b/ The previously granted card has expired;

c/ The concerned businessperson has been re-granted the card under Point a, Clause 1, Article 14 of this Decision;

d/ The concerned businessperson’s personal information changes;

dd/ The concerned businessperson’s working position or working place changes;

e/ The concerned enterprise undergoes a change in its type or name;

g/ The concerned businessperson has finished serving the court judgment.

2. An agency, organization or enterprise applying for a new ABTC for a businessperson who is currently in the country shall hand-deliver 1 dossier set to the Vietnam Immigration Department, the Ministry of Public Security, or submit it online via the National Public Service Portal or the Public Service Portal of the Ministry of Public Security.

3. The dossier must comprise

a/ One ABTC application form, made according to Form TK06 provided in the Appendix to this Decision, which must be certified by the leader of the enterprise or the organization and personnel unit of the state management agency in charge of the industry or sector in which the enterprise operates, stuck with a photo of the concerned businessperson and appended with a stamp covering part of the photo;

b/ Two recently taken 3cm x 4cm photos of the concerned businessperson, in bare head, straight face, no glasses on a white background;

c/ The original of the application for an ABTC, signed by the leader of the agency or organization or the legal representative of the enterprise, using Form CV02 provided in the Appendix to this Decision;

d/ The original of the letter of approval for use of the card, issued by an authority.

4. If the dossier is valid, the Vietnam Immigration Department, the Ministry of Public Security, shall receive and process it. In case the dossier is invalid, the Vietnam Immigration Department, the Ministry of Public Security, shall guide the applicant to complete the dossier using Form CV03 provided in the Appendix to this Decision.

5. In case of detecting suspicious signs, in addition to the papers specified in Clause 3 of this Article, the Vietnam Immigration Department, the Ministry of Public Security, shall request the concerned agency, organization or enterprise to further provide relevant papers and documents for consideration. After 3 months, if the agency, organization or enterprise fails to provide papers and documents as requested, the Vietnam Immigration Department, the Ministry of Public Security, shall refuse to process the dossier and request the agency, organization or enterprise to re-apply for the letter of approval for use of the ABTC from the authority specified in Article 10 of this Decision.

6. Agencies, organizations and enterprises shall carry out procedures for grant of new ABTCs within 6 months after authorities issue the letter of approval for use of ABTCs. Past the above time limit, agencies, organizations and enterprises shall re-apply for issuance of the letter of approval for use of ABTCs from the authorities.

7. Agencies, organizations and enterprises applying for new ABTCs for businesspersons may register to receive dossier processing results in person or online via Public Service Portals or public postal service.

8. In case of submitting dossiers in person, agencies, organizations and enterprises may appoint other persons to submit dossiers and receive dossier processing results on behalf of concerned businesspersons.

9. Agencies, organizations and enterprises applying for new ABTCs for businesspersons shall pay a fee according to regulations.

Article 14. Procedures for re-grant of ABTCs

1. Cases of re-grant of an ABTC which remains valid while there is no change in position of the concerned businessperson or in agency, organization or enterprise compared to the previously granted card:

a/ The concerned businessperson requests for re-grant of his/her ABTC because the old card has almost expired;

b/ The concerned businessperson is granted a new passport;

c/ The concerned businessperson requests addition of APEC member economies to his/her ABTC;

d/ The concerned businessperson lost his/her physical card or the virtual card login account;

dd/ The physical card is damaged.

2. Agencies, organizations and enterprises that request the re-grant of ABTCs for businesspersons who are currently in the country shall hand-deliver 1 dossier set to the Vietnam Immigration Department, the Ministry of Public Security, or submit it online via the National Public Service Portal or the Public Service Portal of the Ministry of Public Security.

3. For the case specified at Point a, Clause 1 of this Article, in addition to the papers specified at Points a and b, Clause 3, Article 13 of this Decision, the concerned agency, organization or enterprise shall submit the original of the document confirming that the businessperson still retains the same working position as at the previous time of applying for the ABTC and return the physical ABTC, if any.

4. For the cases specified at Points b, c, d and dd, Clause 1 of this Article, in addition to the papers specified at Points a and b, Clause 3, Article 13 of this Decision, the enterprise shall further submit:

a/ A certified copy, in paper or electronic form, of the new passport and the physical ABTC, if any, for the case specified at Point b, Clause 1 of this Article. In case the copy is not certified, the original must be presented for inspection and collation;

b/ The physical ABTC, if any, for the case specified at Point c, Clause 1 of this Article;

c/ A report on ABTC loss, made according to Form TK07 provided in the Appendix to this Decision, or a notice of the Vietnam Immigration Department, the Ministry of Public Security, on the invalidation of the ABTC reported as lost, made according to Form CV04 provided in the Appendix to this Decision, for the case specified at Point d, Clause 1 of this Article;

d/ The damaged ABTC, for the case specified at Point dd, Clause 1 of this Article.

5. In case the dossier is valid, the Vietnam Immigration Department, the Ministry of Public Security will receive and process it. In case the dossier is invalid, the Vietnam Immigration Department, the Ministry of Public Security, shall guide the applicant to complete the dossier, using Form CV03 provided in the Appendix to this Decision.

6. In case of detecting suspicious signs, in addition to the papers specified in Clause 4 of this Article, the Vietnam Immigration Department, the Ministry of Public Security, shall request the concerned agency, organization or enterprise to further provide relevant papers and documents for consideration. After 3 months, if the agency, organization or enterprise fails to provide papers and documents as requested, the Vietnam Immigration Department, the Ministry of Public Security, shall refuse to process the dossier and request the agency, organization or enterprise to re-apply for the letter of approval for use of the ABTC from the authority specified in Article 10 of this Decision.

7. Agencies, organizations and enterprises requesting re-grant of ABTCs for businesspersons may register to receive dossier processing results in person or online via Public Service Portals or public postal services.

8. In case of submitting dossiers in person, agencies, organizations and enterprises may appoint other persons to submit dossiers and receive dossier processing results on behalf of concerned businesspersons.

9. Agencies, organizations and enterprises requesting re-grant of ABTCs for businesspersons shall pay a fee according to regulations.

10. For the case specified at Point a, Clause 1 of this Article, ABTCs shall be re-granted only once.

Article 15. Time limits for settlement

1. For the cases specified in Article 13, and at Point a, Clause 1, Article 14, of this Decision, the time limits for settlement are as follows:

a/ Within 3 working days after receiving a complete and valid dossier, the Vietnam Immigration Department, the Ministry of Public Security, shall exchange data on the applicant for ABTC grant with the authorities of APEC member economies and invalidate the granted ABTC.

b/ Within 21 days from the date of exchange of data on the applicant, APEC member economies shall review and approve the eligibility of the applicant.

c/ Within 3 working days after receiving opinions from authorities of all APEC member economies, the Vietnam Immigration Department, the Ministry of Public Security, shall grant an ABTC to the applicant.

If the businessperson wishes to be granted an ABTC while opinions from all APEC member economies are not yet received, the agency, organization or enterprise shall send a written request to the Vietnam Immigration Department, the Ministry of Public Security. Within 3 working days after receiving the request, the Vietnam Immigration Department, the Ministry of Public Security, shall grant an ABTC to the businessperson.

2. In the cases specified at Points b, c, d and dd, Clause 1, Article 14 of this Decision, within 5 working days after receiving a complete and valid dossier, the Vietnam Immigration Department, the Ministry of Public Security, shall notify the dossier processing results to the applying agency, organization or enterprise.

Article 16. Validity period of ABTCs granted to Vietnamese businesspersons

1. For the cases specified in Article 13 and at Point a, Clause 1, Article 14 of this Decision, an ABTC is valid for 5 years from the date of grant and may not be extended.

2. For the cases specified at Points b, c, d and dd, Clause 1, Article 14 of this Decision, the Vietnam Immigration Department, the Ministry of Public Security, shall grant an ABTC with a validity period equaling the period approved by other APEC member economies for the old card.

Chapter V

CASES OF INELIGIBILITY FOR GRANT OF ABTCs AND INVALIDATION OF ABTCs

Article 17. Cases of ineligibility for grant of ABTCs

Vietnamese businesspersons who do not meet the conditions specified in Article 8 of this Decision shall not be granted ABTCs.

Article 18. Cases of invalidation of an ABTC

1. The ABTC is lost.

2. The businessperson no longer holds the position or changes the position specified in Article 9 of this Decision.

3. The enterprise is dissolved or goes bankrupt or terminates operation.

4. The dossier for grant of the ABTC is forged.

5. The businessperson no longer holds Vietnamese citizenship in accordance with the law on citizenship.

6. The businessperson is serving a criminal judgment or subject to travel restrictions under a court ruling.

7. The authority of an APEC member economy stated in the ABTC issues a notice that the ABTC is no longer valid. In this case, the ABTC is valid only for entry into or exit from the remaining APEC member economies stated therein.

8. The ABTC is invalidated for national defense or public security reason.

Article 19. Responsibilities for proposing the invalidation of ABTCs 

1. For the case specified in Clause 1, Article 18 of this Decision:

a/ Within 48 hours after detecting his/her ABTC or ABTC’s account is lost, a businessperson shall hand-deliver or send a notice of  ABTC loss, made according to Form No. TK07 provided in the Appendix to this Decision, to the Vietnam Immigration Department, the Ministry of Public Security, provincial-level Department of Public Security’s Immigration Agency, or district-level or commune-level public security agency or submit the notice online via the Ministry of Public Security’s Public Service Portal for invalidation of the ABTC. In case of a force majeure event, the time limit for submission of the notice may be extended but the force majeure event must be clearly explained in the notice.

b/ Within 2 working days after receiving a notice of ABTC loss, the receiving agency shall send to the Vietnam Immigration Department, the Ministry of Public Security, and to the businessperson a report on receipt of the ABTC loss notice from the businessperson, made according to Form No. CV04 provided in the Appendix to this Decision.

2. For the case specified in Clause 2, Article 18 of this Decision, within 5 working days, the concerned agency, organization or enterprise shall revoke the ABTC and send a request for ABTC invalidation to the Vietnam Immigration Department, the Ministry of Public Security, and the specialized agency of the concerned ministry, sector, socio-political organization, Vietnam Chamber of Commerce and Industry, or provincial-level People’s Committee.

3. For the case specified in Clause 3, Article 18 of this Decision, the specialized agency of the concerned ministry, sector, socio-political organization, Vietnam Chamber of Commerce and Industry, or provincial-level People’s Committee shall send a request for ABTC invalidation to the Vietnam Immigration Department, the Ministry of Public Security.

4. For the case specified in Clause 4, Articles 18 of this Decision, a competent authority or an investigation body shall send a request for ABTC invalidation to the Vietnam Immigration Department, the Ministry of Public Security.

5. For the case specified in Clause 5, Article 18 of this Decision, the Ministry of Justice shall send a request for ABTC invalidation to the Vietnam Immigration Department, the Ministry of Public Security.

6. For the case specified in Clause 6, Article 18 of this Decision, the concerned court shall send a request for ABTC invalidation  to the Vietnam Immigration Department, the Ministry of Public Security.

7. For the case specified in Clause 7, Article 18 of this Decision, after receiving a written notice of the authority of an APEC member economy that the ABTC granted to the businessperson is no longer valid for entry into such economy, the Vietnam Immigration Department, the Ministry of Public Security, shall notify thereof to the agency, organization or enterprise where the businessperson is working.

8. For the case specified in Clause 8, Article 18 of this Decision, the Minister of National Defense or Minister of Public Security shall be competent to issue a decision on invalidation of the ABTC.

Article 20. Notification of invalidation of ABTCs granted to Vietnamese businesspersons

1. For the case specified in Clause 1, Article 18 of this Decision, within 3 working days after receiving a notice of ABTC loss from the businessperson or a report on receipt of a notice of ABTC loss, the Vietnam Immigration Department, the Ministry of Public Security, shall notify APEC member economies of invalidation of the ABTC and send a notice thereof, made according to Form No. CV05 provided in the Appendix to this Decree, to the businessperson.

2. For the cases specified in Clauses 2 thru 8, Article 18 of this Decision, within 3 working days after receiving the request of the agencies specified in Article 19 of this Decision, the Vietnam Immigration Department, the Ministry of Public Security, shall notify authorities of APEC member economies of invalidation of ABTCs granted to the Vietnamese businesspersons.

3. Invalided ABTCs shall not be revalidated. In case a Vietnamese businessperson wishes to continue to use the ABTC, he/she shall carry out procedures for card grant or re-grant.

Chapter VI

CONSIDERATION OF APPLICANTS’ ELIGIBILITY, GRANT OF TEMPORARY RESIDENCE CERTIFICATES, AND NOTIFICATION OF FOREIGN BUSINESSPERSONS’ ABTCs’ INVALIDITY FOR ENTRY INTO VIETNAM

Article 21. Consideration of eligibility of applicants being foreign businesspersons

1. When a businessperson of an APEC member economy applies for an ABTC for entry into Vietnam, the Vietnam Immigration Department, the Ministry of Public Security, shall consider and notify the results of consideration and approval of the applicant’s eligibility within 15 days after receiving sufficient data on the businessperson from the authority of such APEC member economy.

Even in case of requesting the authority of such APEC member economy to supplement data on the applicant, the time limit for the Vietnam Immigration Department, the Ministry of Public Security,  to consider the applicant’ eligibility and notify the consideration results to the APEC member economy’s authority must not exceed 21 days  from the date of  receiving the initial data on the businessperson.

2. When authorities of economies participating in the ABTC Program request Vietnam to consider and grant permission for their businesspersons to enter Vietnam on ABTCs, no fee will be collected for consideration and approval of eligibility of businesspersons of APEC member economies.

3. After a businessperson of an APEC member economy is granted by the authority of that APEC member economy an ABTC listing Vietnam among APEC member economies having granted entry permission, when the businessperson enters Vietnam on such ABTC, he/she will not have to pay any other fees concerning procedures for entry into, exit from, and residence in the country.

4. Businesspersons from member economies participating in the ABTC Program shall not be considered for grant of permission for entry into Vietnam on ABTCs by the Vietnam Immigration Department, the Ministry of Public Security, if falling into the cases not yet permitted for entry into Vietnam in accordance with the law on foreigners’ entry into, exit from, transit through, and residence in, Vietnam.

Article 22. Competence to consider eligibility of foreign businesspersons

The Vietnam Immigration Department, the Ministry of Public Security, is competent to consider and exchange results of approval of businesspersons’ eligibility with authorities of APEC member economies participating in the ABTC Program when their businesspersons apply for permission for entry into Vietnam with ABTCs.

Article 23. Grant of temporary residence certificates to foreign businesspersons holding ABTCs

1. Upon each time of entry into Vietnam with an ABTC, a foreign businessperson shall be granted by the border-gate immigration control unit a temporary residence certificate of a validity duration which is 90 days and 30 days shorter than the remaining validity duration of his/her passport.

2. In case the remaining validity duration of a foreign businessperson’s ABTC is shorter than 90 days, the validity duration of the temporary residence certificate granted to such businessperson will be equal to that of his/her ABTC.

Article 24. Notification of foreign businesspersons’ ABTCs’ invalidity for entry into Vietnam

1. A foreign businessperson’s ABTC shall be invalid for entry into Vietnam in the following cases:

a/ The businessperson has forged the dossier for being granted the ABTC.

b/ The businessperson violates Vietnam’s law and is being handled.           

c/ The businessperson is refused when using the ABTC for entry into Vietnam as falling into the cases not yet permitted for entry into Vietnam in accordance with the Law on Foreigners’ Entry into, Exit from, Transit through, and Residence, in Vietnam.

2. Investigation bodies, people’s procuracies, people’s courts and judgment enforcement agencies at all levels shall notify the Vietnam Immigration Department, the Ministry of Public Security, of the cases specified at Points a and b, Clause 1 of this Article.

3. Immigration control units shall notify the Vietnam Immigration Department, the Ministry of Public Security, of the case specified at Point c, Clause 1 of this Article.

4. The Vietnam Immigration Department, the Ministry of Public Security, shall notify authorities of APEC member economies of businesspersons’ ABTCs’ invalidity for entry into Vietnam.

Chapter VII

ORGANIZATION OF IMPLEMENTATION

Article 25. Responsibilities of the Ministry of Public Security

1. To assume the prime responsibility for, and coordinate with ministries, sectors, provincial-level People’s Committees, and related agencies and organizations in, drafting and promulgating, or submitting to competent agencies for promulgation, legal documents on the grant, management and use of ABTCs.

2. To assume the prime responsibility for, and coordinate with ministries, sectors, and provincial-level People’s Committees in, formulating and connecting data on ABTC applicants; the list of Vietnamese businesspersons granted ABTCs; the list of Vietnamese businesspersons not yet granted ABTCs; and the list of Vietnamese businesspersons having their ABTCs invalidated; updating information on the National Immigration Database; and providing online public services.

3. To organize the verification, consideration and approval of eligibility of applicants being Vietnamese businesspersons, grant of ABTCs, invalidation of ABTCs, control of immigration of ABTC holders; grant of temporary residence certificates, and consideration of eligibility of applicants being foreign businesspersons.

4. To exchange the following information with authorities of APEC member economies:

a/ Personal data of Vietnamese businesspersons who apply for ABTCs;

b/ Vietnamese businesspersons who apply for re-grant of ABTCs.

c/ Vietnamese businesspersons and businesspersons from the member economies participating in the ABTC Program whose ABTCs are notified to be invalid.

d/ Results of consideration for grant of ABTCs for businesspersons from the member economies participating in the ABTC Program.

5. To inspect, examine, settle complaints and denunciations about, and handle violations in, the grant, management and use of ABTCs of businesspersons.

6. To carry out international cooperation related the ABTC Program.

7. To conduct the state statistics work related to ABTCs.

Article 26. Responsibilities of ministries, sectors, socio-political organizations, the Vietnam Chamber of Commerce and Industry, and provincial-level People’s Committees

1. To strictly examine, consider, and approve businesspersons eligible for using ABTCs.

2. To coordinate with the Ministry of Public Security in exchanging information, searching, and making statistical data about ABTC applicants, and the list of businesspersons granted ABTCs under their management on the Ministry of Public Security’s Public Service Portal.

3. Each ministry, sector and provincial-level People’s Committee shall be granted an e-account for logging in the Ministry of Public Security’s Public Service Portal.

4. Before January 15 every year, ministries, sectors, socio-political organizations, the Vietnam Chamber of Commerce and Industry, and provincial-level People’s Committees shall exchange with the Ministry of Public Security information about the use of ABTCs of businesspersons under their management via the Ministry of Public Security’s Public Service Portal.

Article 27. Responsibilities of related agencies, organizations, enterprises and individuals

1. To provide their information and documents in an adequate and accurate manner; and take responsibility for the accuracy of the information declared in their reports, and commit to strictly comply with law as well as regulations of APEC member economies applicable to ABTC holders.

2. Agencies, organizations and enterprises shall coordinate with competent agencies in managing activities of foreign businesspersons who enter Vietnam with ABTCs, ensuring conformity with entry purposes, and coordinate with accommodation establishments in making temporary residence declarations for the businesspersons in accordance with law.

3. Vietnamese agencies, organizations and enterprises shall coordinate with the Vietnam Immigration Department, the Ministry of Public Security, in providing information about businesspersons from APEC member economies when they request Vietnam to consider grant of ABTCs.

4. Agencies, organizations, enterprises and individuals shall be handled in accordance with law if committing violations in the course of application for ABTCs.

5. Agencies, organizations, enterprises and individuals eligible for using ABTCs shall send annual reports on the use of ABTCs by businesspersons under their management to the specialized agencies of ministries, sectors, and provincial-level People’s Committees before December 31 every year. Any problems arising in the course of use of ABTCs should be promptly reported to the specialized agencies of ministries, sectors and provincial-level People’s Committees. The compliance with periodical reporting regulations shall serve as a basis for consideration and approval of use of ABTCs by agencies, organizations or enterprises.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 28. Effect

1. This Decision takes effect on July 10, 2023.

2. This Decision replaces the Prime Minister’s Decision No. 45/2006/QD-TTg of February 28, 2006, promulgating the Regulation on issuance and management of APEC business travel cards, the Prime Minister’s Decision No. 54/2015/QD-TTg of October 29, 2015, amending and supplementing a number of articles of the Regulation on issuance and management of APEC business travel cards promulgated together with the Prime Minister’s Decision No. 45/2006/QD-TTg of February 28, 2006.

Article 29. Implementation responsibility

1. This Ministry of Public Security shall assume the prime responsibility for, and coordinate with ministries, sectors and provincial-level People’s Committees in, organizing the implementation of this Decision.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level people’s Committees, and related organizations, enterprises and individuals shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG

* The Appendix to this Decision is not translated.