| THE PRIME MINISTER OF GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 45/2006/QD-TTg | Hanoi, February 28, 2006 |
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 2.-This Decision takes effect 15 days after its publication in "CONG BAO."
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PRIME MINISTER
Phan Van Khai
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)
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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.
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.
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;
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- 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.
PROVISIONS ON ISSUANCE OF ABTCS TO VIETNAMESE BUSINESS PEOPLE
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.
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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.
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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.
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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;
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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.
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.
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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;
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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.
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- 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.
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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.
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.
1. Such business people have forged their dossiers for being issued ABTC.
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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.
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.
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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.
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.
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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.
File gốc của Decision no. 45/2006/QD-TTg of February 28, 2006 promulgating the regulation on issuance and management of apec business travel cards đang được cập nhật.
Decision no. 45/2006/QD-TTg of February 28, 2006 promulgating the regulation on issuance and management of apec business travel cards
Tóm tắt
| Cơ quan ban hành | Thủ tướng Chính phủ |
| Số hiệu | 45/2006/QD-TTg |
| Loại văn bản | Quyết định |
| Người ký | Phan Văn Khải |
| Ngày ban hành | 2006-02-28 |
| Ngày hiệu lực | 2006-03-22 |
| Lĩnh vực | Doanh nghiệp |
| Tình trạng | Hết hiệu lực |