On April 12, 2023, the Prime Minister issued Decision No. 09/2023/QD-TTg ("Decision 09") regulating the order, procedures, authority, issuance, and management of APEC Business Travel Cards, replacing Decision 45/2006/QD-TTg ("Decision 45") dated February 28, 2006.
The APEC Business Travel Card (or "ABTC card") is a card issued by the competent authority of an APEC economy member to its businessmen after receiving consent for entry permission from other member economies. Currently, in addition to the form of physical cards, there are also electronic cards. This is a form of card issued on electronic interface through ABTC application on smart electronic devices connected to the internet, with legal validity equal to hard cards.
Below, ATA Legal Services would like to update the regulations on Conditions and Process of issuing ABTC Cards to entrepreneurs working in non-state enterprises as follows:
1. Who is considered for ABTC card issuance?
- Owner of a private enterprise, Chairman, member of the Members' Council/ Board of Directors; President of the company; General Director or Director, Deputy General Director, or Deputy Director of the enterprise.
- Chairman, member of the Board of Directors, General Director, or Director of a cooperative or inter-cooperative.
- Chief Accountant, Department Director or Head of Department is directly related to business, trade, investment and service activities in enterprises, Head of branch of the enterprise.
2. Eligibility for consideration for ABTC card issuance
According to Decision 45, the consideration and permission to use ABTC cards for entrepreneurs working at non-state enterprises must be based on production and business capacity, ability to cooperate with partners of countries or territories that are program members. Decision 09 has added more specific and detailed conditions, not only for the entrepreneur but also for the business where the entrepreneur is working.
a. For businesses where the entrepreneur is working
- The enterprise has been operating continuously for 12 months or more, strictly complying with the provisions of the law on trade, tax, customs, labor, social insurance, and other relevant laws.
- There are activities of signing and direct business cooperation with partners of APEC member economies.
- There is a need to send personnel to travel regularly and short-term to carry out business cooperation, trade, investment, services, or other economic purposes in APEC member economies.
b. For entrepreneurs applying for ABTC cards
- Be at least 18 years old, have full capacity for civil acts.
- Being working or holding positions at agencies, organizations, or enterprises for 12 months or more up to the time of applying for an ABTC card.
- Not falling into the case of temporary suspension of exit as prescribed in Article 36 of the Law on Exit and Entry of Vietnamese citizens.
3. Procedure for issuance of ABTC card
Step 1: Apply for a permission to use ABTC card.
a. Applicant
Decision 09 requires enterprises wishing to submit applications for using cards for entrepreneurs.
b. Competent authority: People's Committee of the province or centrally-run city where the head office is registered.
c. Profile composition
Decision 09 stipulates in detail the application for ABTC card. The dossier items, in addition to the declaration, must be accompanied by very clear and strict supporting documents.
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No |
Document |
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1 |
A written request for permission to use ABTC cards signed by the legal representative of the enterprise and responsible for personnel. |
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2 |
Documents on financial obligations, tax, social insurance |
The summary report details the taxes paid by enterprises and entrepreneurs in the previous 12 months. |
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3 |
Report on the enterprise's compliance with social insurance obligations in the last 12 months and the process of closing social insurance of the entrepreneur up to the time of request (accompanied by supporting documents).
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4 |
The financial settlement report for the latest year of the enterprise has been approved by the competent authority. |
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5 |
Documents proving the activity and travel needs of the entrepreneur |
Trade contracts with partners of APEC member economies shall be valid for no more than 02 years from the time of request. Or documents proving the need to cooperate with partners of APEC member economies (in case there is no trade contract). |
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6 |
Proof of identity documents |
Passport or document showing the need for frequent and short-term travel to carry out activities of signing and doing business cooperation with foreign partners. |
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7 |
Decision on appointment of the post of entrepreneur. |
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d. Deadline for settlement: The Department of Foreign Affairs shall consider and submit to the Chairman of the provincial People's Committee for consideration and issue a written reply within 13 working days after receiving a complete and valid dossier (excluding the time from 20-35 days for verification at the police, tax, customs agencies, insurance).
Step 2: Apply for an ABTC card
a. Applicants:
Similarly in Step 1, enterprises must apply for a card for entrepreneurs. At the same time, when the entrepreneur no longer uses or no longer holds the position/job as recorded, the entrepreneur will have to surrender the card back to the business. This will bind the management and responsible role of the business applying for the card, avoiding the improper use of the card by individuals.
b. Conditions for card issuance:
- Get permission from the competent authority to use the card.
- Dossier of application for card issuance within 06 months from the date of permission from a competent authority to use the card.
c. Profile Composition:
In addition to the declaration of application for ABTC card and the written permission to use ABTC card of the provincial People's Committee as specified in Decision 45, Decision 09 added the following documents:
- 02 new photos, size 3cm x 4cm, head bare, face straight, no glasses, white background.
- The original written request for ABTC card is signed by the legal representative of the enterprise.
d. Deadline for settlement:
- Within 03 working days from the date of receipt of a complete and valid dossier, the Immigration Department of the Ministry of Public Security shall exchange personnel data of the card applicant with the competent authorities of APEC member economies;
- Within 21 days from the date of exchange of personnel data, APEC member economies shall review the personnel of card applicants (Decision 45 does not provide for this period);
- Within 03 working days after receiving comments from competent agencies of all member economies, the Immigration Department, Ministry of Public Security shall issue ABTC cards to the applicant (Decision 45 only needs to receive the consent of one member country or territory or more).
In case insufficient comments from member economies, agencies, organizations, and enterprises must make a written request to the Immigration Department or the Ministry of Public Security. Within 03 working days from the date of receipt of the above document, the Immigration Department, Ministry of Public Security shall issue ABTC cards to entrepreneurs. At that time, on the ABTC card, only information about member economies agreeing to enter the country will be recorded.
Decision 09 takes effect from July 10, 2023.
Comment: