DECISION

ON PROCEDURES, AUTHORITY FOR ISSUANCE AND MANAGEMENT OF APEC BUSINESS TRAVEL CARDS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to the Law on exit and entry of Vietnamese citizens dated November 22, 2019;

Pursuant to the Law on entry, exit, transit and residence of foreigners in Vietnam dated June 16, 2014; the Law on amendments to the Law on entry, exit, transit and residence of foreigners in Vietnam dated November 25, 2019;

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

At the proposal of the Minister of Public Security;

The Prime Minister sets forth procedures, authority for issuance and management of APEC Business Travel Cards.

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GENERAL PROVISIONS

Article 1. Scope

This Decision sets forth eligible entities who are granted the ABTC; procedures, authority for issuance and management of ABTCs for Vietnamese business people; personal information review, issuance of temporary residence certificates for foreign business people using ABTCs; responsibilities of agencies, organizations, enterprises and individuals in using and managing ABTCs.

Article 2. Regulated entities

1. Vietnamese business people; foreign business people.

2. Officials and public employees responsible for participating in meetings, conferences, seminars and other activities on economic cooperation and development of APEC.

3. Agencies, organizations, businesses and individuals involved in the review, issuance, use and management of ABTCs for Vietnamese business people, personal information review, and issuance of provisional residence for foreign business people.

Article 3. Interpretation of terms

For the purposes of this Decision, these terms below shall be construed as follows:

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2. Vietnamese business people are those who have Vietnamese nationality, permanently reside in Vietnam and are working at agencies, enterprises and organizations established in accordance with Vietnamese law.

3. Foreign business people are business people of participating economies who have their personnel reviewed or hold an ABTC card to enter Vietnam.

Article 4. Form of ABTC

1. The ABTC has two forms: physical card and virtual card. A physical ABTC and a virtual ABTC have the same legal validity.

2. Physical ABTC card is a rectangular shaped card that is printed on special materials, utilizing technology that is common to all participating economies and meeting the International Civil Aviation Organization's standards.

3. Virtual ABTC is a card issued on a virtual interface through the ABTC application on a smart electronic device connected to the internet.

4. Vietnamese business people choose physical ABTC or virtual ABTC in their discretion.

Article 5. Information on ABTC

The ABTC contains the subsequent details: portrait, full name, date of birth, sex, nationality, card number, card expiration date, signature, passport number, participating economies’ consent for entry.

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1. Vietnamese business people issued with ABTCs are responsible for using the card in travel to engage in business cooperation, trade, investment, service activities or attend conferences, seminars and for other business purposes in participating economies; keep and preserve the card; not to arbitrarily erase, alter or falsify the form and information written on the card; not to use the card to violate the law.

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. Foreign business people using ABTCs must comply with the law on entry, exit and residence of foreigners in Vietnam.

4. The passport number written on the ABTC must match the passport number in use.

5. If a Vietnamese business person no longer works at an agency, enterprise or organization or no longer holds the position mentioned in Article 9 of this Decision, he/she shall return the ABTC to the agency, enterprise or organization.

Article 7. Immigration regulations for ABTC holders

1. The ABTC is valid for entry to and exit from participating economies indicated on the card. On each entry, the holder of an ABTC is issued with a temporary residence certificate by the participating economy for the period specified by such participating economy.

2. Vietnamese business people and foreign business people carrying ABTCs are responsible for presenting ABTCs and valid passports to persons in charge of immigration control when exiting and entering at border checkpoints of participating economies.

3. ABTC holders are given priority to carry out immigration procedures at designated areas at the border checkpoints of participating economies.

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ELIGIBILITY CRITERIA, VIETNAMESE BUSINESS PEOPLE ELIGIBLE FOR ABTCS

Article 8. ABTC eligibility criteria

1. Eligibility criteria for the agency, organization for which the business person is working:

There is a need to send personnel on a regular, short-term travel to attend conferences, seminars, annual meetings, and other activities related to cooperation and economic development within APEC.

2. Eligibility criteria for the enterprise for which the business person is working:

a) The enterprise has operated continuously for 12 months or more, has strictly abided by the provisions of law on trade, tax, customs, labor, social insurance and other relevant laws;

b) The enterprise has to engage in signing and direct business cooperation with partners of participating economies;

c) There is a need to send personnel on a regular, short-term travel to engage in business cooperation, trade, investment, service or other business purposes in participating economies.

3. Eligibility criteria for ABTC applicant:

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b) He/she has worked and held a specific position in the agency, organization, enterprise for at least 12 months up to the date of application for approval for ABTC eligibility;

c) He/she does not fall under cases of temporary suspension from exit as prescribed in Article 36 of the Law on exit and entry of Vietnamese citizens.

Article 9. ABTC eligible entities

1. Business people working for state-owned enterprises:

a) Presidents of the Board of Members, Presidents of the Board of Directors, Presidents of companies, members of the Board of Members, members of Board of Directors; General Directors, Deputy General Directors, Directors, Deputy Directors of enterprises, banks or bank branches;

b) Heads, Deputy Heads of Management Boards of industrial parks, export processing zones and economic zones;

c) Chief accountants, heads and deputy heads of boards, heads and deputy heads of departments in person related to business, trade, investment and service activities in enterprises; Heads of the branches of the enterprise.

2. Presidents of the Board of Members, Presidents of the Board of Directors, Presidents of companies, General Directors, Deputy General Directors or Directors, Deputy Directors of enterprises affiliated to socio-political organizations; President, Vice President of Vietnam Federation of Trade and Industry; Heads and Deputy Heads of boards, Directors, Deputy Directors and Heads of Departments affiliated to Vietnam Federation of Trade and Industry.

3. Vietnamese business people working for enterprises that are legally established under laws of Vietnam;

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b) President of the Board of Directors, members of Board of Directors, Directors or General Directors of cooperatives or joint cooperatives;

c) Chief accountants, Directors of divisions or Managers in person related to business, trade, investment and service activities in enterprises; Heads of the branches of the enterprise.

4. Officials and public employees responsible for attending meetings, conferences, seminars and other economic cooperation and development of APEC.

5. Heads, deputy heads of Vietnamese trade representative offices in member states or territories of APEC.

Chapter III

ISSUANCE OF APPROVAL LETTER FOR ABTC ELIGIBILITY TO VIETNAMESE BUSINESS PEOPLE

Article 10. Authority to approve ABTC eligibility

1. Ministers, heads of ministerial-level agencies and Governmental agencies consider approving the ABTC eligibility for the cases specified at Points a, c, Clause 1, 4 and 5, Article 9 of this Decision, who are working for enterprises under the authority of ministries, ministerial-level agencies, and Governmental agencies.

The Governor of the State Bank consider approving the ABTC eligibility for business people working for credit institutions.

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2. Presidents of the Board of Memberss of groups and corporations, and Presidents of companies appointed by the Prime Minister shall consider approving the ABTC eligibility in the cases specified at Points a and c, Clause 1 of this Article 9 of this Decision, who are working for enterprises under the establishment authority of the Prime Minister.

3. The President of People's Committees of province or centrally affiliated city (hereinafter referred to as province) consider approving the ABTC eligibility in the following cases:

a) The persons specified in Clause 1, Article 9 of this Decision, who are working for enterprises under the authority of the People's Committees of provinces;

b) The cases specified in Clause 3, Article 9 of this Decision.

4. Heads of socio-political organizations at the central level or the leaders of the Vietnam Federation of Trade and Industry consider approving the ABTC eligibility for the cases under their authority as prescribed in Clause 2, Article 9 of this Decision.

5. In special and necessary cases, the Minister of Public Security shall consider approving the ABTC eligibility for business people.

6. Ministers, Heads of ministerial-level agencies, Governmental agencies, Presidents of People's Committees of provinces are responsible for signing, or authorizing deputy-level agencies to sign, approval letters on ABTC eligibility for business people under their management.

Article 11. Procedures for issuing approval letter on ABTC eligibility to business people specified in Clauses 1, 2, 4 and 5, Article 9 of this Decision

1. Agencies, organizations and enterprises with business people specified in Clauses 1, 2, 4 and 5, Article 9 of this Decision shall submit 1 set of application for approval letter on ABTC eligibility at specialized agencies of ministries and sectors, People's Committees of provinces, socio-political organizations, Vietnam Federation of Trade and Industry, in person or online via the National Public Service Portal or Portal of public services, central agencies, People's Committees of provinces.

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a) The original of the application for approval for ABTC eligibility, signed by the leader of the agency, organization or the legal representative of the enterprise and in charge of personnel, according to form CV01 in the Appendix;

b) A certified copy or an authenticated electronic copy of the decision on sending officials on a business trip or documents proving their duties to attend conferences, seminars, meetings and activities on APEC's economic cooperation and development. If the copy is not authenticated, the original must be presented for verification and comparison.

3. If the application is valid, the specialized agency of the ministry, central agency, the People's Committee of province, the socio-political organization, the Vietnam Federation of Trade and Industry will receive it for further processing. If the application is invalid, the specialized agency of the ministry, central agency, the People's Committee of province, the socio-political organization, the Vietnam Federation of Trade and Industry shall instruct the applicant to complete the application using the form No. CV03 in the Appendix.

4. Within 15 days, the specialized agency of the ministry, central agency, People's Committee of province, socio-political organization, Vietnam Federation of Trade and Industry shall consider proposing the competent authority to issue an approval letter on ABTC eligibility in case the business person is eligible or send a writen response in the case of the business person is ineligible.

5. Within 05 working days, the competent authority shall consider issuing an approval letter on ABTC eligibility from the date of receipt of the application submitted by the specialized agency. In case of refusal, a written notice must be given, clearly stating the reason.

6. Agencies, organizations and businesses that apply for approval letter on ABTC eligibility can register to receive processing results in person or online through the public service portal or through the public postal service.

7. In case of submission in person, the agency, organization or enterprise may send a person to submit the application and receive the result on behalf of the business person.

Article 12. Procedures for issuing approval letter on ABTC eligibility to business people specified in Clauses 3 Article 9 of this Decision

1. Agencies, organizations and enterprises with business people specified in Clause 3 Article 9 of this Decision shall submit 1 set of application for approval letter on ABTC eligibility at specialized agencies of People's Committees of provinces, in person or online via the Portal of public services of People's Committees of provinces.

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a) The original of the application for approval for ABTC eligibility, signed by the legal representative of the enterprise and in charge of personnel, according to form CV01 in the Appendix;

b) A general report detailing the taxes paid by the enterprise or business person to the State Budget in the 12 months up to the time of applying for approval letter on ABTC eligibility;

c) A certified copy or an authenticated electronic copy of a commercial contract signed by an enterprise in person or via electronic transaction with a partner of a participating economy with a term of no more than 2 years up to the time of requesting to use the ABTC, accompanied by documents showing that the contract, signed cooperation documents have been performed. If the documents are in a foreign language, they must be notarized or certified to be translated into Vietnamese. In case there is no commercial contract, documents proving the need to cooperate with partners of participating economies are required;

d) A certified true copy or an authenticated electronic copy of a valid passport or a document showing the need for regular and short-term travel to carry out signing and business cooperation activities with the foreign partner. If the copy is not authenticated, the original must be presented for verification and comparison;

dd) A certified copy or a certified electronic copy of the decision on appointment of position which the business person has held. If the copy is not authenticated, the original must be presented for verification and comparison;

e) Report on the enterprise's observance of social insurance obligations in the last 12 months and the business person’s social insurance payment period up to the time of application for approval for ABTC eligibility, enclosed with supporting documents; the period of payment of social insurance premiums qualified for ABTC issuance is at least 12 months. If the business person reaches a certain age which he/she is no longer required to participate in compulsory social insurance or has fulfilled the obligation to participate in compulsory social insurance, the reason shall be clearly stated in the report and enclosed with supporting documents. In case the business person is not subject to compulsory social insurance participation, the enterprise's written certification must be submitted;

g) The enterprise's latest year's financial settlement report approved by a competent authority.

3. If the application is valid, the specialized agency of the People's Committee of province shall receive for further processing. If the application is invalid, the specialized agency of the People's Committee of province shall instruct the applicant to complete the application using the form No. CV03 in the Appendix.

4. Within 03 working days from the date of receipt of the valid application, the specialized agency of People's Committee of province shall refer it to the tax authority, customs authority, insurance authority, and public security authority to verify information related to the enterprise and business person that apply for approval for ABTC eligibility. In case of complicated problems, the specialized agency of the People's Committees of province shall send the application to other agencies for verification.

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6. On the basis of verification by the tax, customs, insurance and public security authorities, and considering the enterprise’s production and business capacity, the enterprise’s capability and cooperation plan with partners of participating economies, within 05 working days, the specialized agency of the People’s Committee of province shall submit the application to the President of the People's Committees of province for issuance of an approval letter on ABTC eligibility in case of eligible application, or the specialized agency shall reply in writing in case of ineligibility.

7. The President of People’s Committee of province shall consider issuing an approval letter on ABTC eligibility within 5 working days from the date of receipt of the application submitted by the specialized agency. In case of refusal, a written notice must be given, clearly stating the reason.

8. The enterprise that applies for approval letter on ABTC eligibility can register to receive processing results in person or online through the public service portal or through the public postal service.

9. In case of submission in person, the enterprise may send someone to submit the application and receive the result on behalf of the business person.

Chapter IV

ISSUANCE OF ABTCS TO VIETNAMESE BUSINESS PEOPLE

Article 13. Procedures for issuance of ABTCs

1. Cases of issuance of ABTCs include:

a) Initial issuance;

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c) The business person has been re-issued with a card as prescribed at Point a, Clause 1, Article 14 of this Decision;

d) The business person has a change in personal information;

dd) The business person has a change in his/her working position or working place;

e) The enterprise has a change in its type of business entity or name;

g) The business person has finished serving the court's judgment.

2. Agency, organization or enterprise that applies for a new ABTC for business person in Vietnam shall submit 01 set of applications at the Immigration Department affiliated to Ministry of Public Security, in person or online through the National Public Service Portal or the Public Service Portal of the Ministry of Public Security.

3. Application includes:

a) One (01) application form for issuance of ABTC using form No. TK06 in the Appendix, certified and stampled with a photo of the head of the enterprise or the personnel department of economic sectors, state administration on activities of enterprises;

b) 02 recent photos, size 3 cm x 4 cm, bare head, front view, no glasses, white background;

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d) The original of the approval letter on ABTC eligibility issued by the competent authority.

4. If the application is valid, the Immigration Department affiliated to Ministry of Public Security will receive for further processing. In case the application is invalid, the Immigration Department affiliated to Ministry of Public Security is responsible for guiding the completion of the application according to form CV03 at Appendix.

5. If there is any doubt as to the application, in addition to the documents specified in Clause 3 of this Article, Immigration Department affiliated to Ministry of Public Security shall request the agency, organization or enterprise to provide additional documents for consideration. In case the agency, organization, or enterprise does not furnish the required documents within three months, the Immigration Department affiliated to Ministry of Public Security will not proceed with the application and request the agency, organization or enterprise to re-apply for approval letter on ABTC eligibility from the competent authority specified in Article 10 of this Decision.

6. Within 06 months from the time the competent authority approves the ABTC eligibility, the agency, organization or enterprise shall carry out procedures for issuance of new ABTCs. Upon expirty of the above time limit, the agency, organization or enterprise is responsible for requesting the competent authority to re-issue an approval letter on ABTC eligibility.

7. The agency, organization or enterprise that applies for issuance of new ABTC can register to receive processing results in person or online through the public service portal or through the public postal service.

8. In case of submission in person, the agency, organization or enterprise may send a person to submit the application and receive the result on behalf of the business person.

9. The agency, organization or enterprise that applies for a new ABTC for business person must pay fees as prescribed.

Article 14. Procedures for re-issuance of ABTCs

1. Cases of re-issuance of ABTCs that are still valid for use and there is no change in positions, agencies, organizations or enterprises compared to the previous card issuance include:

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b) The business person is issued with a new passport;

c) The business person requests to add another participating economy to the ABTC;

d) The business person lost his/her physical ABTC or virtual ABTC login account;

dd) The physical ABTC is damaged.

2. The agency, organization or enterprise that applies for re-issuance of ABTC for business person in Vietnam shall submit 01 set of application at the Immigration Department affiliated to Ministry of Public Security, in person or online through 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 documents specified at Points a and b, Clause 3, Article 13 of this Decision, the agency, organization or enterprise must submit the original of the document confirming that the business person still holds the same working position compared to the previous card issuance and the physical ABTC if any.

4. For the cases specified at Points b, c, d, and dd, Clause 1 of this Article, apart from the documents specified at Points a and b, Clause 3, Article 13 of this Decision, the enterprise must also submit:

a) A certified copy or an authenticated electronic copy of a new passport and a physical ABTC, if any, for the case specified at Point b, Clause 1 of this Article. If the copy is not authenticated, the original must be presented for verification and comparison;

b) A physical ABTC, if any, for the cases specified at Point c, Clause 1 of this Article;

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d) The old ABTC is damaged in the case specified at Point dd, Clause 1 of this Article.

5. If the application is valid, the Immigration Department affiliated to Ministry of Public Security will receive for further processing. In case the application is invalid, the Immigration Department affiliated to Ministry of Public Security is responsible for guiding the completion of the application according to form CV03 at Appendix.

6. If there is any doubt as to the application, in addition to the documents specified in Clause 4 of this Article, Immigration Department affiliated to Ministry of Public Security shall request the agency, organization or enterprise to provide additional documents for consideration. In case the agency, organization, or enterprise does not furnish the required documents within three months, the Immigration Department affiliated to Ministry of Public Security will not proceed with the application and request the agency, organization or enterprise to re-apply for approval letter on ABTC eligibility from the competent authority specified in Article 10 of this Decision.

7. The agency, organization or enterprise that applies for re-issuance of ABTC can register to receive processing results in person or online through the public service portal or through the public postal service.

8. In case of submission in person, the agency, organization or enterprise may send a person to submit the application and receive the result on behalf of the business person.

9. The agency, organization or enterprise that applies for re-issuance of ABTC for business person must pay fees as prescribed.

10. The re-issuance of ABTCs for the case specified at Point a, Clause 1 of this Article can only be done once.

Article 15. Processing time

1. In the case specified in Article 13 and Point a, Clause 1, Article 14 of this Decision, the processing time is as follows:

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b) Within 21 days from the date of exchange of personal information, the participating economies shall review the personnel of the ABTC applicant.

c) Within 03 working days from the date of receipt of opinions from competent authorities of all participating economies, the Immigration Department affiliated to Ministry of Public Security shall issue an ABTC to the applicant.

Where the business person wishes to be issued with an ABTC, while insufficient opinions are received from participating economies, the agency, organization or enterprise shall send a written request to the Immigration Department affiliated to Ministry of Public Security. Within 03 working days from the date of receipt of the request, the Immigration Department affiliated to Ministry of Public Security shall issue the ABTC to the business person.

2. In the case specified at Points b, c, d, and dd, Clause 1, Article 14 of this Decision, within 05 working days from the date of receipt of a complete and valid application, the Immigration Department affiliated to Ministry of Public Security shall return the processing results to the requesting the agency, organization or enterprise.

Article 16. Validity period of ABTCs to Vietnamese business people

1. For the cases specified in Article 13 and Point a, Clause 1, Article 14 of this Decision, the ABTC is valid for 5 years from the date of issue and cannot be renewed.

2. For a case specified at Points b, c, d, and dd, Clause 1, Article 14 of this Decision, the Immigration Department affiliated to Ministry of Public Security shall issue an ABTC with the validity period as long as the old one approved by the participating economies.

Chapter V

INELIGIBILITY FOR ABTCS, INVALIDATION OF ABTCS

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Vietnamese business people will not be issued with ABTCs if they fail to meet the eligibility criteria specified in Article 8 of this Decision.

Article 18. Cases of invalidation of ABTCs

1. The business person lost his/her ABTC.

2. The business person no longer holds or changes the position mentioned in Article 9 of this Decision.

3. The enterprise has been dissolved, gone bankrupt or stopped operating.

4. The business person has forged their application to enable the ABTC to be issued.

5. The business person no longer holds the Vietnamese nationality as prescribed by the law on nationality.

6. The business person has served a criminal sentence or has a court ruling on travel restrictions.

7. The business person is named in the list notified by the competent authority of a participating economy or territory stated in ABTC that their ABTC is no longer valid. In which case, the ABTC is only valid for entry to and exit from the remaining participating economies indicated on the card.

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Article 19. Responsibility for requesting invalidation of ABTC

1. The cases specified in Clause 1, Article 18 of this Decision:

a) Within 48 hours after discovering the ABTC or ABTC account is lost, the business person shall submit, in person, or send a notification on losing ABTC form No. TK07 in the Appendix to the Immigration Department affiliated to Ministry of Public Security or immigration authority affiliated to the Provincial Police or the District Police or the Commune Police or online through the Public Service Portal of the Ministry of Public Security to invalidate the ABTC. In case of a force majeure event, the time limit for sending a notification of loss may be longer, but the application must clearly state the force majeure event.

b) Within 02 working days after receiving the notification on lossing ABTC, the receiving agency shall send a written notice to Immigration Department affiliated to Ministry of Public Security on such notification of the business person and the applicant using form CV04 in the Appendix.

2. As for a case specified in Clause 2, Article 18 of this Decision, within 05 working days, the agency, organization or enterprise shall have to revoke the ABTC and send a written request to the Immigration Department the Ministry of Public Security and specialized agencies of ministries, central agencies, socio-political organizations, the Vietnam Trade and Industry Federation, the People’s Committee of province to invalidate the ABTC.

3. As for a case specified in Clause 3, Article 18 of this Decision, the specialized agencies of ministries, central agencies, socio-political organizations, the Vietnam Trade and Industry Federation, the People’s Committee of province shall send a document to the Immigration Department affiliated to Ministry of Public Security to invalidate the ABTC.

4. As for a case specified in Clause 4, Article 18 of this Decision, the competent authorities and investigating agencies shall send a document to the Immigration Department affiliated to Ministry of Public Security to invalidate the ABTC.

5. As for a case specified in Clause 5, Article 18 of this Decision, the Ministry of Justice shall send a document to the Immigration Department affiliated to Ministry of Public Security to invalidate the ABTC.

6. As for a case specified in Clause 6, Article 18 of this Decision, the Court shall send a document to the Immigration Department affiliated to Ministry of Public Security to invalidate the ABTC.

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8. As for a case specified at Clause 7 Article 18, the Minister of National Defense, the Minister of Public Security shall issue a decision to invalidate the ABTC.

Article 20. Notice of invalidation of ABTCs issued to Vietnamese business people

1. As for the case specified in Clause 1, Article 18 of this Decision, within 03 working days from the date of receipt of the businessperson's notification on lossing ABTC or the written notice of receipt of the loss notification, the Immigration Department affiliated to Ministry of Public Security shall notify the participating economies of the invalidation of the ABTC and sending a written notice to the business person using the form CV05 in the Appendix.

2. As for the cases specified in Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Article 18 of this Decision, within 03 working days from the date of receipt of the request of the agencies mentioned in Article 19 of this Decision, the Immigration Department affiliated to Ministry of Public Security shall notify the competent authorities of the participating economies that the ABTCs issued to the Vietnamese business people are invalidated.

3. ABTCs that have been invalidated will not be re-validated. If a Vietnamese business person wishes to continue using the ABTC, he/she must apply for a new card or re-issuance of a card.

Chapter VI

PERSONAL INFORMATION REVIEW, ISSUANCE OF TEMPORARY RESIDENCE CERTIFICATES, NOTICE OF INVALIDATING ABTCS OF FOREIGN BUSINESS PEOPLE FOR ENTRY TO VIETNAM

Article 21. Consideration of personal information of foreign business person

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

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

3. If business people whose ABTCs, with the name of Vietnam in the list of participating economies giving approval for entry, are issued by competent authorities of participating economies enter Vietnam, they do not have to pay other fees related to immigration and residence procedures.

4. Business people from participating economies in the ABTC Scheme have not yet been approved by the Immigration Department affiliated to the Ministry of Public Security to allow them to enter Vietnam with their ABTCs, if they are not allowed to enter Vietnam in accordance with the law on entry, exit, transit and residence of foreigners in Vietnam.

Article 22. Authority to review personal information of foreign business people

The Immigration Department affiliated to Ministry of Public Security has the authority to consider and exchange the results of personal information review with the competent authorities of the participating economies in the ABTC Scheme, when business people of these participating economies request to be issued with ABTCs to enter Vietnam.

Article 23. Issuance of temporary residence certificates to foreign business people with ABTCs

1. Foreign business people using ABTCs to enter Vietnam are issued with temporary residence certificates by the checkpoint immigration office at international checkpoint for 90 days for each entry and 30 days shorter than the validity of their passports.

2. In case the ABTC is valid for less than 90 days, a certificate of temporary residence equal to the validity of the card shall be issued.

Article 24. Notice of invalidating ABTCs of foreign business people for entry to vietnam

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a) The business profile was forged to make the ABTC issuance possible;

b) The foreign business person issued with the ABTC has violated Vietnamese laws and has faced penalties;

c) The foreign business person using ABTC to enter Vietnam is denied entry because he/she is not allowed to enter according to the provisions of the Law on entry, exit, transit and residence of foreigners in Vietnam.

2. Investigating agencies, People's Procuracies, People's Courts and judgment enforcement agencies at all levels are responsible for notifying the Immigration Department affiliated to Ministry of Public Security of the cases specified at Point a, Point b, Clause 1 of this Article.

3. The checkpoint immigration office is responsible for notifying the Immigration Department affiliated to Ministry of Public Security of the cases specified at Point c, Clause 1 of this Article.

4. The Immigration Department affiliated to Ministry of Public Security is responsible for notifying the competent authorities of the participating economies that the ABTC issued to that business person is no longer valid for entry into Vietnam.

Chapter VII

IMPLEMENTATION

Article 25. Responsibilities of the Ministry of Public Security

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2. Take charge and coordinate with ministries, central agencies and People’s Committees of provinces in building and connecting data on personnel who apply for ABTCs; list of Vietnamese business people who have been issued with ABTCs; the list of Vietnamese business people who have not been issued with ABTCs; the list of Vietnamese business people whose ABTCs have been invalidated; update information on the National Database on Immigration; provide online public services.

3. Verify and review personal information of Vietnamese business people, issue ABTCs, invalidate ABTCs, control entry and exit of business people holding ABTCs; issue temporary residence certificates, review personal information of foreign business people.

4. Exchange information with competent authorities of participating economies, including the following information:

a) Personnel data of the Vietnamese business people applying for the ABTC;

b) Vietnamese business people applying for re-issuance of ABTCs;

c) Vietnamese business people and business people from participating economies in the ABTC Scheme who receive notices of invalidation of ABTCs;

d) Results of approval for issuance of ABTCs to business people from participating economies in the ABTC Scheme.

5. Inspect, examine, settle complaints and whistleblowing reports, handle law violations in the issuance, management and use of ABTCs of business people.

6. Implement international cooperation related to the APEC Business Travel Card Scheme.

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Article 26. Responsibilities of ministries, central agencies, socio-political organizations, Vietnam Trade and Industry Federation, People’s Committees of provinces

1. Strictly check and approve business people eligible to use ABTCs.

2. Coordinate with the Ministry of Public Security to exchange information, look up and release statistics on personal information of applicants for ABTCs; the list of business people issued with ABTCs under their management on the Public Service Portal of the Ministry of Public Security.

3. Each ministry, central agency, People's Committee of province is issued with a virtual account to access the Public Service Portal of the Ministry of Public Security.

4. Before January 15 every year, ministries, central agencies, socio-political organizations, Vietnam Trade and Industry Federation, People’s Committees of provinces are responsible for exchanging with the Public Security about the ABTCs in use by business people under their management through the Public Service Portal of the Ministry of Public Security.

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

1. Provide complete and accurate information and documents of enterprises; take responsibility for the accuracy of the information declared in reports and commit to strictly observe the laws and regulations of participating economies applicable to ABTC holders.

2. Agencies, organizations and enterprises are responsible for coordinating with competent agencies in managing activities of foreign business people using ABTCs to enter Vietnam for the proper purposes of entry and coordinate with accommodation establishments in declaring temporary residence for business people in accordance with law.

3. Vietnamese agencies, organizations and enterprises are responsible for coordinating with the Immigration Department affiliated to the Ministry of Public Security in providing information about business people's personal information to participating economies when they request the Vietnam to review personal information to enable the ABTC to be issued.

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5. Agencies, organizations, enterprises and individuals that are entitled to use ABTCs shall send annual reports on the use of their ABTCs and send them to specialized agencies of ministries, central agencies, and People’s Committees of provinces before December 31. In the process of using ABTCs, if any problems arises, they should be promptly reported to specialized agency of ministries, central agencies and People's Committees of provinces. Periodic reports that are duly submitted is the basis for issuing the approval letter on the ABTC eligibility for the agencies, organizations or enterprises.

Chapter VIII

IMPLEMENTATION

Article 28. Entry into force

1. This Decision enters into force as of July 10, 2023.

2. This Decision supersedes the Prime Minister's Decision No. 45/2006/QD-TTg dated February 28, 2006 on promulgating the Regulation on issuance and management of ABTCs, Decision No. 54/2015/QD-TTg dated October 29, 2015 of the Prime Minister on amendments to the Regulation on issuance and management of ABTCs issued together with Decision No. 45/ 2006/QD-TTg dated February 28, 2006 of the Prime Minister.

Article 29. Responsibilities for implementation

1. The Ministry of Public Security shall take charge and coordinate with ministries, central agencies and People’s Committees of provinces in organizing the implementation of this Decision.

2. The Ministers, the heads of the ministerial-level agencies, the heads of the Governmental agencies, the Presidents of the People's Committees of the provinces and centrally-affiliated cities and the relevant organizations and individuals shall implement this Decision.

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PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Luu Quang