Decision No. 45/2006/QD-TTg dated February 28, 2006 of the Prime Minister promulgating the Regulation on issuance and management of APEC business travel cards

DECISION

PROMULGATING THE REGULATION ON ISSUANCE AND MANAGEMENT OF APEC BUSINESS TRAVEL CARDS

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the National Assembly Standing Committee's Resolution No. 899/NQ-UBTVQH11 of May 19, 2005;

In order to create favorable conditions for Vietnamese business people and business people of countries and territories participating in the Scheme on APEC business travel cards in business cooperation, commercial, investment, service activities or for participation in conferences and seminars or for other economic purposes in countries and territories being members to the Asia-Pacific Economic Cooperation (APEC) Forum;

At the proposal of the Public Security Minister, the Foreign Affairs Minister and the Trade Minister,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on issuance and management of APEC business travel cards.

Article 2.-This Decision takes effect 15 days after its publication in "CONG BAO."

Article 3.- Ministers, heads of ministerial-level agencies, heads of Government-attached agencies and presidents of provincial/municipal People's Committees shall have to implement this Decision.

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)

Chapter I

GENERAL PROVISIONS

Article 1.- APEC business travel cards (hereinafter abbreviated to ABTC) mean a kind of document issued by competent authorities of countries or territories participating in the Scheme on APEC business travel card to their business people in order to facilitate their travels to conduct business cooperation, commercial, investment or service activities; to participate in conferences and seminars; or for other economic purposes in countries and territories within APEC participating in the Scheme. ABTC holders, when entering or departing from countries or territories stated in their ABTC, need not obtain visas of such countries or territories.

Article 2.-

1. An ABTC shall be valid for three years as from the date of issuance and shall not be extended. Upon the expiration of ABTCs, if their holders still need to travel within APEC region, they shall fill in procedures for issuance of new ones.

2. ABTCs shall be valid for entry and exit only when they are produced by their holders together with valid passports. Upon each entry or exit, ABTC holders shall be issued by participating countries or territories certificates of permitted stay for a duration provided for by such countries or territories.

Article 3.-

1. Business people who are issued ABTCs shall be responsible for using their ABTC for proper entry purpose, and keeping and preserving them. They must neither modify without permission contents of their ABTCs nor use them to commit law violations.

2. Business people issued ABTCs shall observe and abide by the provisions of law on entry, exit, residence and other regulations concerning activities of business people in participating countries or territories.

3. Business people issued ABTCs who violate Vietnamese law shall be handled by competent authorities of Vietnam according to the current provisions of law.

Article 4.-

1. Vietnamese business people whose ABTCs are lost in the country must report the loss to the Immigration Department of the Public Security Ministry for revocation. Where their ABTCs are lost abroad, they must report the loss to the Immigration Department of the Public Security Ministry of Vietnam and competent authorities of countries or territories where they stay.

2. Procedures for reporting the loss of ABTCs to the Immigration Department of the Public Security Ministry shall be as follows:

- For an ABTC lost in the country, the concerned businessperson shall make two written reports, clearly stating the ABTC loss reason and circumstance. These written reports must be certified by the head of the police office of the commune or ward where the ABTC is lost;

- For an ABTC lost in a participating country or territory, the concerned businessperson shall make two written reports, clearly stating the reasons and circumstance for the loss of his/her ABTC. These written reports must be certified by a competent authority of the country or territory where his/her ABTC is lost;

- After completing the said procedures, businessperson whose ABTC is lost may send or directly submit to the Immigration Department of the Public Security Ministry one written report so that the latter shall proceed with the revocation of such ABTC.

Article 5.- Business people of participating countries or territories, who are issued by competent authorities ABTCs which put Vietnam on the list of entry-permitting countries and territories, shall, upon each entry into Vietnam, be issued by the entry and exit management offices at Vietnam's international border-gates certificates of permitted stay for a duration of 90 days counting from the date of entry. ABTC holders shall not have such stay duration extended upon the expiration of their cards.

Chapter II

PROVISIONS ON ISSUANCE OF ABTCS TO VIETNAMESE BUSINESS PEOPLE

Article 6.- Vietnamese business people who hold valid passports issued by competent Vietnamese agencies, and wish to make regular and short-term travels to conduct business cooperation, commercial, investment or service activities in the countries or territories participating in the ABTC Scheme shall be issued ABTCs, including:

1. Vietnamese business people working in state enterprises:

a/ Chairmen of Managing Boards, General Directors of Corporations directly managed by the Prime Minister (Corporations 91);

b/ General Directors, Deputy General Directors; Directors, Deputy Directors of enterprises, industrial parks or export processing zones of Vietnam; Directors, Deputy Directors of Vietnamese banks or Directors, Deputy Directors of branches of Vietnamese banks;

c/ Chief accountants or heads/deputy heads of sections of enterprises, industrial parks, export processing zones, Vietnamese banks or branches of Vietnamese banks, or holders of higher positions.

2. Vietnamese business people working in enterprises established under the Enterprise Law, the Cooperatives Law and the Law on Investment in Vietnam:

a/ General Directors, Deputy General Directors; Directors, Deputy Directors of enterprises; chief accountants or heads of sections of non-state enterprises;

b/ Chairmen, Vice Chairmen of Managing Boards of joint-stock companies; Chairmen, Vice Chairmen of Members' Councils; Presidents, Vice Presidents of Limited Liability Companies; Chairmen of Management Boards of cooperatives, Managers of cooperatives.

3. Other subjects eligible for being considered for issuance of ABTCs:

a/ Leaders of economic branches, ministerial-level heads, presidents of provincial/municipal People's Committees directly in charge of specialized management of activities of Vietnamese enterprises who are assigned to participate in meetings, conferences and economic cooperation and development activities of APEC;

b/ Civil servants and public employees who are tasked to participate in meetings, conferences, seminars and economic cooperation and development activities of APEC; chief representatives, deputy chief represen-tatives of Vietnamese trade representations in the countries and territories participating in the ABTC Scheme.

4. In case of necessity, basing him/herself on requirements for realization of commercial commitments with the countries and territories participating in the ABTC Scheme, at the request of competent authorities defined in Clause 2, Article 7 of this Regulation, the Public Security Minister may consider and decide to issue ABTCs to persons other than those defined in Clauses 1, 2 and 3 of this Article.

Article 7.- Powers to consider and permit the use of ABTCs

1. The Prime Minister shall consider and permit the use of ABTCs by persons defined at Point a, Clause 1 and Point a, Clause 3, Article 6 of this Regulation.

2. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, presidents of provincial/municipal People's Committees (called ministerial- or provincial-level heads for short) shall consider and permit the use of ABTCs by other subjects defined in Article 6 of this Regulation.

For business people working in enterprises established under the Enterprise Law, the Cooperatives Law and the Law on Investment in Vietnam, the ministerial- or provincial-level heads shall base on such enterprises' production and business capacity and capability for cooperation with partners of countries or territories participating in the Scheme or the implementation of import or export quotas by such enterprises to consider and permit the use of ABTCs by applicants.

Article 8.- The Immigration Department of the Public Security Ministry shall issue ABTCs to Vietnamese business people at the latter's request and written permission for use of ABTCs from competent authorities defined in Article 7 of this Regulation.

Article 9.- Procedures and time limit for issuance of ABTCs shall be as follows:

1. Persons defined in Article 6 of this Regulation who wish to be issued ABTCs shall submit dossiers with the Immigration Department of the Public Security Ministry, each comprising:

- An application for ABTC (made according to a form set by the Public Security Ministry), stuck with a photo affixed with seal and certified by the head of enterprise or organization and personnel division of the economic branch or the agency in charge of specialized management of activities of enterprises.

- A written permission for use of ABTC from the competent authority defined in Clauses 1 and 2, Article 7 of this Regulation.

2. Within three working days after receiving complete and valid dossiers, the Immigration Department of the Public Security Ministry shall have to exchange personnel data about applicants with competent authorities of the countries or territories participating in the ABTC Scheme, and within three days after receiving consents to the issuance of ABTCs from competent authorities of one or more participating country or territory, it shall issue ABTCs to applicants.

3. Persons issued with ABTCs shall pay the set fee.

Chapter III

CASES WHERE VIETNAMESE BUSINESS PEOPLE ARE NOT ISSUED ABTCS AND CASES WHERE ABTCS OF VIETNAMESE BUSINESS PEOPLE ARE ANNOUNCED NO LONGER VALID

Article 10.- Vietnamese business people shall not be issued ABTCs if they fall into the cases ineligible for exit specified by law.

Article 11.-

1. ABTCs already issued to Vietnam business people may be announced no longer valid in one of the following cases:

a/ The business people no longer hold positions defined in Article 6 of this Regulation or ministerial- or provincial-level heads have written requests for announcement that ABTCs already issued to business people of their agencies or enterprises are no longer valid.

b/ Business people have forged their dossiers to be issued ABTCs;

c/ Business people who have committed law violations are being investigated or handled by competent authorities; are serving penalties or have completely served penalties but have not had their criminal records remitted; or are obliged to execute civil, economic or labor judgments, or obliged to abide by decisions on sanctioning of administrative violations, to pay taxes or fulfill other financial duties;

d/ Business people are named in the list notified by the competent authority of a member country or territory stated in ABTCs that their ABTCs are no longer valid. In this case, such ABTCs shall only be valid for entry into or exit from remaining countries and territories stated therein.

2. Powers to announce ABTCs already issued to Vietnamese business people to be no longer valid for entry into participating countries or territories stated therein:

a/ The Immigration Department of the Public Security Ministry shall base itself on the provisions of law to announce to competent authorities of participating countries or territories that ABTCs already issued to Vietnamese business people are no longer valid;

b/ For the cases specified at Point a, Clause 1 of this Article, ministerial- or provincial-level heads shall notify such cases in writing to the Immigration Department of the Public Security Ministry so that the latter shall announce to competent authorities of participating countries or territories that ABTCs already issued to such business people are no longer valid;

c/ For the cases specified at Points b and c, Clause 1 of this Article, the investigative bodies, People's Procuracies, People's Courts and judgment enforcement offices of all levels shall notify such cases in writing to the Immigration Department of the Public Security Ministry so that the latter shall announce to competent authorities of participating countries or territories that ABTCs are no longer valid;

d/ For the cases specified at Point d, Clause 1 of this Article, after receiving an announcement of the competent authority of a participating country or territory that ABTCs already issued to Vietnamese business people are no longer valid for entry into such country or territory, the Immigration Department of the Public Security Ministry shall notify such to agencies or enterprises where the concerned business people work.

Chapter IV

RE-ISSUANCE OF ABTCS TO VIETNAMESE BUSINESS PEOPLE

Article 12.- An ABTC shall be re-issued in the following cases:

1. Its valid term has expired but its holder still needs to regularly travel between countries or territories participating in the ABTC Scheme.

2. Where the concerned business person is issued new passport, he/she shall also be issued a new ABTC to conform with new contents of his/her passport.

3. It is announced to be no longer valid for entry by the competent authority of one or more participating countries or territories stated in such ABTC.

4. It is lost and its holder applies for re-issuance.

5. It is damaged and its holder applies for re-issuance.

6. There is a conclusion of an investigative body, a People's Procuracy, a People's Court or a judgment enforcement office that the concerned business person has not violated the law or has fulfilled the obligations specified at Point c, Clause 1, Article 11 of this Regulation.

Article 13.- Procedures and time limit for re-issuance of ABTCs to Vietnamese business people

1. Procedures for re-issuance of ABTCs to Vietnamese business people:

a/ For the cases specified in Clause 1, Article 12 of this Regulation, a dossier of application shall comprise:

- An application for re-issuance of ABTC (made according to a form set by the Public Security Ministry), stuck with a seal-affixed photo and certified by the head of the enterprise or the organization and personnel body of the economic branch or the agency in charge of specialized management of activities of enterprises;

- A written permission for use of ABTC of the competent authority defined in Clauses 1 and 2, Article 7 of this Regulation;

- The ABTC already issued to the businessperson.

b/ For the cases specified in Clause 2, Article 12 of this Regulation, a dossier of application shall comprise:

- An application for re-issuance of ABTC (made according to a form set by the Public Security Ministry), stuck with a seal-affixed photo and certified by the head of the enterprise or the organization and personnel body of the economic branch or the agency in charge of specialized management of activities of enterprises;

- The ABTC already issued to the businessperson;

- A copy of the passport newly re-issued to the businessperson.

c/ For the cases specified in Clause 3, Article 12 of this Regulation, a dossier of application shall comprise:

- A written notice of the Immigration Department of the Public Security Ministry on a businessperson of a Vietnamese agency or enterprise whose ABTC is announced to be no longer valid for entry by one of the participating countries or territories stated therein;

- An application for re-issuance of ABTC (made according to a form set by the Public Security Ministry), stuck with a seal-affixed photo and certified by the head of the enterprise or the organization and personnel body of the economic branch or the agency in charge of specialized management of activities of enterprises;

- The ABTC already issued to the businessperson.

d/ For the cases specified in Clause 4, Article 12 of this Regulation, the re-issuance of ABTC shall be considered only when the concerned business people complete the procedures specified in Clause 2, Article 4 of this Regulation. A dossier of application shall comprise:

- An application for re-issuance of ABTC (made according to a form set by the Public Security Ministry), stuck with a seal-affixed photo and certified by the head of the enterprise or the organization and personnel body of the economic branch or the agency in charge of specialized management of activities of enterprises.

e/ For the cases specified in Clause 5, Article 12 of this Regulation, a dossier of application shall comprise:

- An application for re-issuance of ABTC (made according to a form set by the Public Security Ministry), stuck with a seal-affixed photo and certified by the head of the enterprise or the organization and personnel body of the economic branch or the agency in charge of specialized management of activities of enterprises;

- The ABTC is damaged or stained.

f/ For the cases specified in Clause 6, Article 12 of this Regulation, a dossier of application shall comprise:

- Conclusions of the investigative body, People's Procuracy, People's Court or judgment enforcement office that the concerned businessperson has not committed any law violation or has completely fulfilled the obligations specified at Point c, Clause 1, Article 11 of this Regulation;

- A written permission for re-issuance of ABTC of the ministerial- or provincial-level head;

- An application for re-issuance of ABTC (made according to a form set by the Public Security Ministry), stuck with a seal-affixed photo and certified by the head of the enterprise or the organization and personnel body of the economic branch or the agency in charge of specialized management of activities of enterprises;

- The ABTC already issued to the businessperson.

2. The valid term of a re-issued ABTC shall be three years as from the date of re-issuance.

3. The time limit for re-issuance of ABTC shall comply with the provisions of Clause 2, Article 9 of this Regulation.

Chapter V

CONSIDERATION OF APPLICANTS, ANNOUNCEMENT OF ABTCS OF BUSINESS PEOPLE OF COUNTRIES OR TERRITORIES PARTICIPATING IN THE ABTC SCHEME WHICH ARE NO LONGER VALID FOR ENTRY INTO VIETNAM

Article 14.-

1. The Immigration Department of the Public Security Ministry is competent to consider business people of countries or territories participating in the ABTC Scheme and exchange consideration results with competent authorities of such countries or territories when such business people apply for ABTCs for entry into Vietnam.

2. For business people of countries or territories participating in the ABTC Scheme falling into the cases specified in Article 17 of this Regulation, the Immigration Department of the Public Security Ministry shall notify the invalidity of their ABTCs for entry into Vietnam to competent authorities of such countries or territories.

Article 15.-

1. The Immigration Department of the Public Security Ministry shall consider applicants and notify the consideration results within 15 days after fully receiving exchanged information from competent authorities of participating countries or territories on personnel data about business people of such countries or territories when such business people apply for ABTCs for entry into Vietnam.

Where it requests competent authorities of participating countries or territories to supplement personnel data, the Immigration Department of the Public Security Ministry of Vietnam shall consider the applicants and notify consideration results to such competent authorities within 21 days after receiving initial information on personnel data about business people of such participating countries or territories.

2. The fee for consideration of applicants being business people of countries or territories participating in the ABTC Scheme shall not be collected when competent authorities of such countries or territories request Vietnam to consider and issue ABTCs to their business people for entry into Vietnam.

3. If competent authorities of participating countries or territories have issued to their business people ABTCs which list Vietnam among entry-permitting countries or territories, such ABTC holders shall, upon their entry into Vietnam, not have to pay other fees for exit and stay procedures.

Article 16.- Business people of countries or territories participating in the ABTC Scheme shall not be permitted by Vietnam to enter Vietnam with ABTCs if they fall into the cases not yet permitted for entry into Vietnam according to the current provisions of law.

Article 17.- ABTCs which are issued by competent authorities of participating countries or territories to their business people and put Vietnam on the list of entry-permitting countries or territories shall be announced no longer valid for entry into Vietnam by the Immigration Department of the Public Security Ministry in one the following cases:

1. Such business people have forged their dossiers for being issued ABTC.

2. Such business people have violated Vietnamese law and are being handled.

The investigative bodies, People's Procuracies, People's Courts and judgment enforcement offices of all levels shall have to notify the cases specified in Clauses 1 and 2 of this Article to the Immigration Department of the Public Security Ministry, which shall subsequently announce to competent authorities of participating countries or territories thatABTCs already granted to such business people are no longer valid for entry into Vietnam.

3. Such business people's working terms in Vietnam have expired and they no longer need to regularly travel to Vietnam.

Ministerial- or provincial-level heads of localities where such business people work shall notify in writing the case specified in Clause 3 of this Article to the Immigration Department of the Public Security Ministry, which shall subsequently announce to competent authorities of participating countries or territories that ABTCs already granted to such business people are no longer valid for entry into Vietnam.

Chapter VI

MECHANISM OF COORDINATION AMONG CONCERNED VIETNAMESE AUTHORITIES AND EXCHANGE OF INFORMATION WITH COUNTRIES OR TERRITORIES PARTICIPATING IN THE ABTC SCHEME

Article 18.- Mechanism of coordination among concerned Vietnamese authorities

1. For business people being applicants considered by competent authorities defined in Clauses 1 and 2, Article 7 of this Regulation for use of ABTCs, agencies or enterprises where they work shall send their written permission to the immigration Department of the Public Security Ministry for issuance of ABTCs to such applicants.

2. Agencies or enterprises whose business people are considered for permission for use of ABTCs, apart from sending their written permission to competent authorities, may additionally transmit personnel data of such business people through computer networks to the Immigration Department of the Public Security Ministry for coordination in issuance and management of ABTCs before and after issuance.

3. For business people of countries or territories participating in the ABTC Scheme who enter Vietnam to work with Vietnamese agencies or enterprises, such Vietnamese agencies or enterprises shall make declarations for stay of such business people according to the provisions of law.

Where business people of countries or territories participating in the ABTC Scheme enter Vietnam without invitation or reception by any Vietnamese agencies, organizations or individuals, they shall make declarations for stay according to the provisions of Article 15 of the Government's Decree No. 21/2001/ND-CP of May 28, 2001, detailing the implementation of the Ordinance on Exit, Entry and Residence of Foreigners in Vietnam.

4. For business people of participating countries or territories who have been permitted by Vietnam for entry with ABTCs to work with Vietnamese agencies or enterprises and fall into the cases specified in Article 17 of this Regulation, such Vietnamese agencies or enterprises shall notify such cases to the Immigration Department of the Public Security Ministry, which shall subsequently announce that their ABTCs are no longer valid for entry into Vietnam according to the provisions of Clause 2, Article 14 of this Regulation.

Where business people of countries or territories participating in the ABTC Scheme who have been permitted by Vietnam for entry with ABTCs are detected by the Immigration Department of the Public Security Ministry to fall into the cases specified in Article 17 of this Regulation, the entry clearance shall not be made for them and their ABTCs' invalidity for entry into Vietnam shall be announced to competent authorities of countries or territories participating in the ABTC Scheme.

Article 19.- Vietnamese agencies and enterprises shall have to coordinate with the Immigration Department of the Public Security Ministry in supplying personnel data about business people of countries or territories participating in the ABTC Scheme when they request Vietnam to consider the issuance of ABTCs to such business people.

Article 20.- The Immigration Department of the Public Security Ministry shall exchange the following information with competent authorities of countries or territories participating in the ABTC Scheme:

1. Personnel data about Vietnamese business people who apply for ABTCs.

2. Vietnamese business people who apply for reissuance of ABTCs.

3. Vietnamese business people and those of countries or territories participating in the ABTC Scheme whose ABTCs are announced to be no longer valid.

4. Results of consideration for issuance of ABTCs to business people of countries or territories participating in the ABTC Scheme.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 21.-

1. The Public Security Ministry shall assume the prime responsibility for, and coordinate with the Foreign Affairs Ministry and the Trade Ministry in, guiding the implementation of this Regulation.

2. The Finance Ministry shall assume the prime responsibility for, and coordinate with the Public Security Ministry, the Foreign Affairs Ministry and the Trade Ministry in, setting the fee rates for issuance of ABTCs to Vietnam business people.