Decision No. 09/2023/QĐ-TTg stipulates the procedures, formalities, authority, issuance, and management of the APEC Business Travel Card (ABTC).

Pursuant to …;

Regulations on the procedures, formalities, authorities for issuing and managing the APEC Business Travel Card

Based on the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 16, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated November 25, 2019; 

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

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

The Government stipulates the procedures, formalities, authorities for issuing and managing the APEC Business Travel Card.

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

This Decision regulates the subjects eligible to be issued the APEC Business Travel Card; the procedures, formalities, authorities for issuing and managing the APEC Business Travel Card for Vietnamese businesspersons; the review of personnel and issuance of temporary residence certificates for foreign businesspersons using the APEC Business Travel Card; the responsibilities of agencies, organizations, enterprises, and individuals in the use and management of the APEC Business Travel Card.

                  Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Vietnamese businesspersons; foreign businesspersons.

Article 2. Applicability

2. Officials, civil servants, and employees with the duty to attend meetings, conferences, seminars, and economic cooperation and development activities of APEC.

3. Agencies, organizations, enterprises, and individuals related to the review, issuance, use, and management of the APEC Business Travel Card for Vietnamese businesspersons, and the review of personnel and issuance of temporary residence certificates for foreign businesspersons.

1. The APEC Business Travel Card, abbreviated as ABTC, is a type of card issued by the competent authority of an APEC member economy to its businesspersons after receiving permission for entry from other member economies.

Article 3. Explanation of Terms

In this Decision, the following terms shall be understood as follows:

2. Vietnamese businesspersons are those who hold Vietnamese citizenship, reside permanently in Vietnam, and work at agencies, enterprises, and organizations established in accordance with Vietnamese law.

3. Foreign businesspersons are businesspersons from APEC member economies under consideration for personnel review or holding an ABTC for entry into Vietnam.

Article 4. Forms of the ABTC

1. The ABTC has two forms: hard card and electronic card. Both the hard ABTC and the electronic ABTC have equal legal validity.

2. The hard ABTC is a rectangular card printed on special material according to the common technology of member economies and meeting the standards of the International Civil Aviation Organization.

3. The electronic ABTC is a card issued through the ABTC application interface on smart devices connected to the internet.

4. Vietnamese businesspersons have the right to choose between the hard ABTC and the electronic ABTC.

Article 5. Information on the ABTC

The ABTC contains the following information: portrait photo, full name, date of birth, gender, nationality, card number, expiration date of the card, signature, passport number, information on member economies agreeing to entry.

Article 6. Responsibilities for Using the ABTC

1. Vietnamese businesspersons issued the ABTC are responsible for using the card for travel to conduct business cooperation, trade, investment, service activities, or attending conferences, seminars, and other economic purposes in member economies; maintaining and preserving the card; not altering, erasing, or tampering with the form or information recorded on the card; not using the card for illegal activities.

2. Vietnamese businesspersons issued the ABTC must respect and comply with laws on entry into, exit from, transit through, and residence, and other regulations related to businessperson activities in member economies.

3. Foreign businesspersons using the ABTC must comply with laws on entry into, exit from, and residence of foreigners in Vietnam.

4. The passport number recorded on the ABTC must match the currently used passport number.

5. Vietnamese businesspersons who no longer work at agencies, enterprises, or organizations or no longer hold positions specified in Article 9 of this Decision shall return the ABTC to the agency, enterprise, or organization.

5. Vietnamese businesspersons who are no longer working at agencies, enterprises, or organizations, or who no longer hold the positions specified in Article 9 of this Decision shall have the responsibility to return the ABTC card to the agency, enterprise, or organization.

Article 7. Control of Entry and Exit for Businessmen Holding the ABTC Card

1. The ABTC card has validity for entry and exit from member economies listed on the card. Each time entering, the holder of the ABTC card will be issued a temporary residence certificate by the member economies according to the prescribed duration of those economies.

2. Vietnamese and foreign businessmen holding the ABTC card shall present their ABTC card and valid passport to the personnel responsible for controlling entry and exit when exiting or entering at the border gates of the member economies.

3. Businessmen holding the ABTC card are prioritized to process entry and exit procedures at designated areas at the border gates of the member economies.

Chapter II CONDITIONS AND OBJECTS ELIGIBLE FOR CONSIDERATION OF GRANTING THE ABTC CARD TO VIETNAMESE BUSINESSMEN

Article 8. Conditions for Consideration of Granting the ABTC Card

1. Conditions for the agency or organization where the businessman is working: There is a need to send personnel for regular and short-term travel to attend meetings, seminars, annual meetings, and economic cooperation and development activities of APEC.

2. Conditions for the enterprise where the businessman is working:

a) The enterprise has been continuously operating for at least 12 months, complying with the provisions of laws on trade, tax, customs, labor, social insurance, and other related laws;

b) The enterprise must have direct business signing and cooperation activities with partners of APEC member economies;

c) There is a need to send personnel for regular and short-term travel to carry out business cooperation, trade, investment, service activities, or other economic purposes in APEC member economies.

3. Conditions for the businessman applying for the ABTC card:

a) At least 18 years old, having full civil capacity;

b) Working and holding a real position at an agency, organization, or enterprise for at least 12 months up to the time of application for using the ABTC card;

c) Not falling under the cases of temporary suspension of departure as stipulated in Article 36 of the Law on Exit and Entry of Vietnamese Citizens.

Article 9. Objects Eligible for Consideration of Granting the ABTC Card

1. Businessmen working at state-owned enterprises:

a) Chairman of the Board of Members, Chairman of the Board of Management, Company Chairman, members of the Board of Members, members of the Board of Management; General Director, Deputy General Director, Director, Deputy Director of enterprises, banks or bank branches;

b) Head of Industrial Zone Management Board, Export Processing Zone Management Board, Economic Zone Management Board;

c) Chief Accountant, Heads, Deputy Heads, Department Heads, Deputy Department Heads directly related to business, trade, investment, and service activities in enterprises; Branch Managers of enterprises.

2. Chairman of the Board of Members, Chairman of the Board of Management, Company Chairman, General Director, Deputy General Director or Director, Deputy Director of enterprises under political-social organizations; Chairman, Vice-Chairman of the Vietnam Chamber of Commerce and Industry; Heads, Deputy Heads, Directors, Deputy Directors, Department Heads belonging to the Vietnam Chamber of Commerce and Industry.

3. Businessmen working at enterprises established legally in accordance with Vietnamese law:

a) Owner of a private enterprise, Chairman of the Board of Members, members of the Board of Members, Chairman of the Board of Management, members of the Board of Management; Company Chairman; General Director or Director, Deputy General Director or Deputy Director of enterprises;

b) Chairman of the Board of Management, members of the Board of Management, General Director or Director of cooperatives or cooperative unions;

c) Chief Accountant, Department Heads or Heads directly related to business, trade, investment, and service activities in enterprises; Branch Managers of enterprises.

4. Officials, civil servants, and employees with the duty to attend meetings, seminars, conferences, and activities on economic cooperation and development of APEC.

5. Representatives, Deputy Representatives of the Vietnam Trade Office in member countries and territories of APEC.

Chapter III ISSUANCE OF DOCUMENTS PERMITTING VIETNAMESE BUSINESS PERSONS TO USE THE ABTC CARD

Article 10. Competence to Consider Permission for Using the ABTC Card

1. The Minister, Head of a ministry-level agency, or agency under the Government shall consider granting permission to use the card for cases specified in points a and c, Clause 1, Clause 4, and Clause 5 of Article 9 of this Decision working at enterprises under the management authority of the ministry, ministry-level agency, or agency under the Government. The Governor of the State Bank of Vietnam shall consider granting permission to use the ABTC card for business persons working at credit organizations. The Minister of Finance shall consider granting permission to use the ABTC card for business persons working at enterprises operating in the financial and securities sector.

2. The Chairman of the Board of Members of groups, corporations, and companies established by

3. The Chairman of the People's Committee of provinces and centrally governed cities shall consider granting permission to use the ABTC card in the following cases:

a) Cases specified in Clause 1 of Article 9 of this Decision working at enterprises under the management authority of the People's Committee of provinces and centrally governed cities;

b) Cases specified in Clause 3 of Article 9 of this Decision.

4. The head of political-social organizations at the central level or leaders of the Vietnam Chamber of Commerce and Industry shall consider granting permission to use the ABTC card for cases within their management authority as stipulated in Clause 2 of Article 9 of this Decision.

5. In special circumstances where necessary, the Minister of Public Security shall consider and decide on granting permission to use the ABTC card for business persons.

6. The Minister, Head of a ministry-level agency, or agency under the Government, and the Chairman of the People's Committee of provinces and centrally governed cities shall be responsible for signing the document or authorizing a deputy to sign the document permitting business persons under their management authority to use the ABTC card.

Article 11. Procedures for Issuing Documents Permitting Business Persons to Use the ABTC Card as Specified in Clauses 1, 2, 4, and 5 of Article 9 of this Decision

1. Agencies, organizations, and enterprises with business persons as specified in Clauses 1, 2, 4, and 5 of Article 9 of this Decision shall submit one set of application documents for issuing a document permitting the use of the ABTC card directly to the specialized agency of the ministry or agency, People's Committee of provinces and centrally governed cities, political-social organization, or Vietnam Chamber of Commerce and Industry, or online through the National Public Service Portal or the ministry or agency's public service portal, or the People's Committee of provinces and centrally governed cities' public service portal.

2. Documents include:

a) An original document requesting permission to use the ABTC card signed and responsible for personnel by the leader of the agency or organization or the legal representative of the enterprise according to model CV01 in the Appendix;

b) A certified copy or certified electronic copy of the decision assigning staff for work or other documents and materials proving participation in meetings, seminars, conferences, and activities related to cooperation and economic development of APEC. In case of an uncertified copy, the original must be presented for verification and comparison.

3. If the application is valid, the specialized agency of the ministry or agency, People's Committee of provinces and centrally governed cities, political-social organization, or Vietnam Chamber of Commerce and Industry shall accept and process it. If the application is incomplete, the specialized agency of the ministry or agency, People's Committee of provinces and centrally governed cities, political-social organization, or Vietnam Chamber of Commerce and Industry shall guide the completion of the application according to model CV03 in the Appendix.

4. Within fifteen days, the specialized agency of the ministry or agency, People's Committee of provinces and centrally governed cities, political-social organization, or Vietnam Chamber of Commerce and Industry shall examine and submit to the competent authority for issuance of a document agreeing to permit business persons to use the ABTC card if they meet the conditions, or issue a document responding if they do not meet the conditions.

5. Within five working days from the date of receipt of the application submitted by the specialized agency, the competent authority shall examine and issue a document agreeing to permit business persons to use the ABTC card. In case of refusal, a written notification specifying the reasons must be issued.

6. Agencies, organizations, and enterprises applying for issuance of a document permitting the use of the ABTC card may register to receive results directly or online through the National Public Service Portal or via postal services.

7. In case of direct submission, agencies, organizations, and enterprises may send someone to submit the application and receive the result on behalf of the business person.

Article 12. Procedures for issuing documents permitting the use of the ABTC card for business owners as stipulated in Clause 3, Article 9 of this Decision

1. Businesses with business owners as stipulated in Clause 3, Article 9 of this Decision shall submit one set of application documents directly to the specialized agency of the People's Committee of the province or centrally governed city or online through the provincial or centrally governed city People's Committee Public Service Portal.

2. Documents include:

a) The original application document for permission to use the ABTC card signed and responsible for personnel by the legal representative of the business according to Model CV01 in the Appendix.

b) A detailed report on the total tax payments made by the business and business owner to the State budget in the 12 months prior to the date of the application for permission to use the ABTC card.

c) A certified copy or electronically certified copy of the commercial contract signed directly or via electronic transactions between the business and partners from APEC member economies within a period not exceeding two years from the date of the application for permission to use the ABTC card, accompanied by documents reflecting the contract, signing, and cooperation activities already carried out. If these documents are in a foreign language, they must be officially translated or certified into Vietnamese. In cases where there is no commercial contract, proof of the need for cooperation with APEC member economy partners must be provided.

d) A certified copy or electronically certified copy of the passport still valid for use or other documents showing the need for frequent or short-term travel to carry out signing and business cooperation activities with foreign partners. In cases where copies are not certified, the original must be presented for verification.

đ) A certified copy or electronically certified copy of the decision appointing the position of the business owner. In cases where copies are not certified, the original must be presented for verification.

e) A report on the compliance with social insurance obligations of the business in the most recent 12 months and the process of social insurance contributions of the business owner up to the date of the application for permission to use the ABTC card, accompanied by supporting documentation; the minimum time for social insurance contributions of the business owner for the proposed position is 12 months. In cases where the business owner is no longer within the compulsory social insurance age range or has completed their compulsory social insurance obligations, the reasons must be clearly stated in the report along with supporting documentation. In cases where the business owner is not required to participate in compulsory social insurance, the business must provide a confirmation document.

g) The financial settlement report of the business for the most recent year that has been approved by the competent authority.

3. In cases where the application is complete, the specialized agency of the People's Committee of the province or centrally governed city will accept and process it. In cases where the application is incomplete, the specialized agency of the People's Committee of the province or centrally governed city will have the responsibility to guide the completion of the application according to Model CV03 in the Appendix.

4. Within three working days from the date of receiving a complete application, the specialized agency of the People's Committee of the province or centrally governed city will transfer the application to the tax, customs, insurance, and police agencies for verification of information related to the business and business owner applying for permission to use the ABTC card. In cases of complex issues, the specialized agency of the People's Committee of the province or centrally governed city will send the application to other agencies for verification.

5. Within twenty days from the date of receipt of the application document from the specialized agency of the People's Committee of the province or centrally governed city, the tax, customs, insurance, and police agencies will issue a response document regarding the verification results; if there is no response document, it will be considered as agreement and they will bear responsibility for this. In cases requiring verification at multiple locations, the tax, customs, insurance, and police agencies will exchange documents with the specialized agency of the People's Committee of the province or centrally governed city to extend the response deadline, with the extension period not exceeding fifteen days.

6. Based on the verification results of the tax, customs, insurance, and police agencies and considering the production and business capacity, capability, and cooperation plans of the business with partners from the APEC member economy, within five working days, the specialized agency of the People's Committee of the province or centrally governed city will review and submit to the Chairman of the People's Committee of the province or centrally governed city for issuance of a document agreeing to permit the business owner to use the ABTC card for cases meeting the conditions, or the specialized agency of the People's Committee of the province or centrally governed city will issue a response document for cases not meeting the conditions.

7. The Chairman of the People's Committee of the province or centrally governed city will review and issue a document agreeing to permit the business owner to use the ABTC card within five working days from the date of receipt of the application submitted by the specialized agency. In cases of refusal, a written notification must be issued stating the reasons.

8. Businesses applying for a document permitting the use of the ABTC card may register to receive the result directly or online through the Public Service Portal or via public postal services.

9. In cases of direct submission, the business may designate someone to submit the application and receive the result on behalf of the business owner.

Chapter IV ISSUANCE OF ABTC CARDS FOR VIETNAMESE BUSINESS PERSONS

Article 13. Procedures for Issuing New ABTC Cards

1. Situations for issuing new ABTC cards include:

a) First-time issuance;

b) The old card has expired;

c) Business persons who have been reissued cards according to point a, Clause 1, Article 14 of this Decision;

d) Business persons with changes in personal information;

đ) Business persons with changes in job position or workplace;

e) Enterprises with changes in business form or name;

g) Business persons who have completed their court sentences.

2. Agencies, organizations, and enterprises applying for new ABTC cards for business persons residing in the country shall submit one set of application documents directly at the Immigration Management Department under the Ministry of Public Security or online through the National Public Service Portal or the Ministry of Public Security Public Service Portal.

3. Documents include:

a) One Application Form for ABTC Card issuance according to Model TK06 in the Appendix, confirmed and stamped with a photo affixed by the enterprise leader or the cadre management agency of relevant economic sectors or specialized state management agencies overseeing business activities;

b) Two newly taken photos, size 3cm x 4cm, bareheaded, facing forward, without glasses, white background;

c) Original document requesting issuance of the ABTC Card signed by the leader of the agency, organization, or the legal representative of the enterprise according to Model CV02 in the Appendix;

d) Original document granting permission to use the card from the competent authority.

4. If the application documents are complete, the Immigration Management Department under the Ministry of Public Security will accept and process them. If the application documents are incomplete, the Immigration Management Department under the Ministry of Public Security will be responsible for guiding the completion of the documents according to Model CV03 in the Appendix.

5. In cases where there are suspicious signs, in addition to the documents stipulated in Clause 3 of this Article, the Immigration Management Department under the Ministry of Public Security may request agencies, organizations, and enterprises to provide additional documents and materials for review. If within three months, agencies, organizations, and enterprises fail to provide the required documents and materials, the Immigration Management Department under the Ministry of Public Security will not process the application and require agencies, organizations, and enterprises to reapply for the document granting permission to use the ABTC Card as stipulated in Article 10 of this Decision.

6. Within six months from the date of permission to use the ABTC Card granted by the competent authority, agencies, organizations, and enterprises must complete the procedures for issuing new ABTC Cards. If the deadline is exceeded, agencies, organizations, and enterprises must apply to the competent authority for a renewed document granting permission for business persons to use the ABTC Card.

7. Agencies, organizations, and enterprises applying for new ABTC Cards for business persons can register to receive results either directly or online through the Public Service Portal or via public postal services.

8. In cases of direct submission, agencies, organizations, and enterprises may send representatives to submit the application documents and collect the results on behalf of the business person.

9. Agencies, organizations, and enterprises applying for new ABTC Cards for business persons must pay the prescribed fee.

Article 14. Procedures for Reissuing ABTC Cards

1. Situations for reissuing ABTC Cards that remain valid and without changes in job positions or agencies, organizations, and enterprises compared to the previous issuance include:

a) Business persons requesting reissuance of ABTC Cards due to the expiration of the validity period of the old card;

b) Business persons obtaining new passports;

c) Business persons requesting to add member economies to the ABTC Card;

d) Business persons losing the physical ABTC Card or the login account for the electronic ABTC Card;

đ) Physical ABTC Cards being damaged.

2. Agencies, organizations, and enterprises applying for reissuance of ABTC Cards for business persons residing in the country shall submit one set of application documents directly at the Immigration Management Department under the Ministry of Public Security or online through the National Public Service Portal or the Ministry of Public Security Public Service Portal.

3. For situations stipulated in point a, Clause 1 of this Article, in addition to the documents stipulated in points a and b, Clause 3, Article 13 of this Decision, agencies, organizations, and enterprises must submit the original confirmation document stating that the business person retains the same job position as before and the physical ABTC Card if available.

4. For situations stipulated in points b, c, d, đ, Clause 1 of this Article, in addition to the documents stipulated in points a and b, Clause 3, Article 13 of this Decision, enterprises must also submit:

a) Certified copies or certified electronic copies of the new passport and the physical ABTC Card if available for the situation stipulated in point b, Clause 1 of this Article. If the copy is not certified, the original must be presented for verification;

b) The physical ABTC Card if available for the situations stipulated in point c, Clause 1 of this Article;

c) A report of lost ABTC Card according to Model TK07 in the Appendix or a document from the Immigration Management Department under the Ministry of Public Security regarding the cancellation of the lost ABTC Card's validity according to Model CV04 in the Appendix for the situation stipulated in point d, Clause 1 of this Article;

d) The damaged old ABTC Card for the situation stipulated in point đ, Clause 1 of this Article.

5. If the application documents are complete, the Immigration Management Department under the Ministry of Public Security will accept and process them. If the application documents are incomplete, the Immigration Management Department under the Ministry of Public Security will be responsible for guiding the completion of the documents according to Model CV03 in the Appendix.

6. In cases where there are suspicious signs, in addition to the documents stipulated in Clause 4 of this Article, the Immigration Management Department under the Ministry of Public Security may request agencies, organizations, and enterprises to provide additional documents and materials for review. If within three months, agencies, organizations, and enterprises fail to provide the required documents and materials, the Immigration Management Department under the Ministry of Public Security will not process the application and require agencies, organizations, and enterprises to reapply for the document granting permission to use the ABTC Card as stipulated in Article 10 of this Decision.

7. Agencies, organizations, and enterprises applying for reissuance of ABTC Cards for business persons can register to receive results either directly or online through the Public Service Portal or via public postal services.

8. In cases of direct submission, agencies, organizations, and enterprises may send representatives to submit the application documents and collect the results on behalf of the business person.

9. Agencies, organizations, and enterprises applying for reissuance of ABTC Cards for business persons must pay the prescribed fee.

10. The reissuance of ABTC Cards for the situation stipulated in point a, Clause 1 of this Article can only be done once.

Article 15. Time Limit for Processing

1. In cases prescribed in Article 13 and point a, Clause 1, Article 14 of this Decision, the time limit for processing shall be as follows:

a) Within three working days from the date of receiving complete and valid application files, the Department of Exit and Entry Administration, Ministry of Public Security shall be responsible for exchanging personnel data of the applicant with the competent authorities of APEC member economies and implementing the cancellation of the previously issued ABTC card's validity.

b) Within twenty-one days from the date of exchanging personnel data, APEC member economies shall review the personnel data of the applicant.

c) Within three working days from the date of receiving opinions from all APEC member economies' competent authorities, the Department of Exit and Entry Administration, Ministry of Public Security shall issue the ABTC card to the applicant. If the opinions from all APEC member economies have not been fully received but the businessperson requests issuance of the ABTC card, the organization or enterprise shall submit a written request to the Department of Exit and Entry Administration, Ministry of Public Security. Within three working days from the date of receipt of the written request, the Department of Exit and Entry Administration, Ministry of Public Security shall issue the ABTC card to the businessperson.

2. In cases prescribed in points b, c, d, đ, Clause 1, Article 14 of this Decision, within five working days from the date of receiving complete and valid application files, the Department of Exit and Entry Administration, Ministry of Public Security shall return the results to the requesting organizations, enterprises.

Article 16. Validity Period of the ABTC Card Issued to Vietnamese Businesspersons

1. For cases prescribed in Article 13 and point a, Clause 1, Article 14 of this Decision, the ABTC card issued shall be valid for use for five years from the date of issuance and shall not be extended.

2. For cases prescribed in points b, c, d, đ, Clause 1, Article 14 of this Decision, the Department of Exit and Entry Administration, Ministry of Public Security shall issue the ABTC card for the same period as the review period of APEC member economies for the old card.

Chapter V ABTC CARD NOT ISSUED, CANCELLATION OF ABTC CARD'S VALIDITY

Article 17. Non-Issuance of the ABTC Card

Vietnamese businesspersons will not be issued the ABTC card if they do not meet the conditions stipulated in Article 8 of this Decision.

Article 18. Cases of Cancellation of ABTC Card's Validity

1. The businessperson loses the ABTC card.

2. The businessperson no longer holds or has changed the positions specified in Article 9 of this Decision.

3. The enterprise has been dissolved, declared bankrupt, or ceased operations.

4. Falsifying businessperson's application documents to obtain the ABTC card.

5. The businessperson no longer holds Vietnamese nationality according to the law on nationality.

6. The businessperson is currently serving a criminal sentence or has a court ruling limiting travel.

7. The businessperson is listed in the notification list of the competent authority of one APEC member economy indicating that the ABTC card issued to them is no longer valid. At that time, the ABTC card only retains its validity for entry and exit to other economies named on the card.

8. For reasons of national defense and security.

Article 19. Responsibility for Requesting Cancellation of ABTC Card's Validity

1. For cases prescribed in Clause 1, Article 18 of this Decision:

a) Within forty-eight hours from the discovery of the lost ABTC card or ABTC account, the businessperson shall directly submit or send a report of loss in the form TK07 attached as an appendix to the Department of Exit and Entry Administration, Ministry of Public Security or the Exit and Entry Management Authority of provincial public security organs, county-level public security organs, commune-level public security organs, or online through the Ministry of Public Security's public service portal to cancel the ABTC card's validity. In case of force majeure, the submission deadline may be extended, but the specific reasons for the force majeure must be explained in the report.

b) Within two working days from the date of receiving the report of lost ABTC card, the receiving agency shall be responsible for sending a written notice to the Department of Exit and Entry Administration, Ministry of Public Security regarding the receipt of the businessperson's report of lost ABTC card and the sender in the form CV04 attached as an appendix.

2. For cases prescribed in Clause 2, Article 18 of this Decision, within five working days, the organization, enterprise shall be responsible for retrieving the ABTC card, submitting a written notice to the Department of Exit and Entry Administration, Ministry of Public Security and the specialized agencies of ministries, political-social organizations, Vietnam Chamber of Commerce and Industry, People's Committee of provinces and centrally-administered cities to cancel the ABTC card's validity.

3. For cases prescribed in Clause 3, Article 18 of this Decision, the specialized agencies of ministries, political-social organizations, Vietnam Chamber of Commerce and Industry, People's Committee of provinces and centrally-administered cities shall be responsible for submitting a written notice to the Department of Exit and Entry Administration, Ministry of Public Security to cancel the ABTC card's validity.

4. For cases prescribed in Clause 4, Article 18 of this Decision, the competent authority, investigation agency shall be responsible for submitting a written notice to the Department of Exit and Entry Administration, Ministry of Public Security to cancel the ABTC card's validity.

5. For cases prescribed in Clause 5, Article 18 of this Decision, the Ministry of Justice shall be responsible for submitting a written notice to the Department of Exit and Entry Administration, Ministry of Public Security to cancel the ABTC card's validity.

6. For cases prescribed in Clause 6, Article 18 of this Decision, the Court shall be responsible for submitting a written notice to the Department of Exit and Entry Administration, Ministry of Public Security to cancel the ABTC card's validity.

7. For cases prescribed in Clause 7, Article 18 of this Decision, after receiving the notification from the competent authority of one APEC member economy stating that the ABTC card issued to the Vietnamese businessperson is no longer valid for entry into that economy, the Department of Exit and Entry Administration, Ministry of Public Security shall notify the organization, enterprise where the businessperson works.

8. For cases prescribed in Clause 8, Article 18 of this Decision, the Minister of National Defense and the Minister of Public Security shall have the authority to issue a written notice to cancel the ABTC card's validity.

Article 20. Notification of ABTC Cards Issued to Vietnamese Businessmen No Longer Being Valid for Use

1. In the case provided for in Clause 1, Article 18 of this Decision, within three working days from the date of receiving the report on the loss of the ABTC card of the businessman or the document confirming receipt of such a report, the Immigration Management Department under the Ministry of Public Security shall be responsible for notifying the member economies of APEC about the cancellation of the validity of the ABTC card and sending a notification letter to the businessman according to Model CV05 in the Appendix.

2. In the cases provided for in Clauses 2, 3, 4, 5, 6, 7, and 8 of Article 18 of this Decision, within three working days from the date of receiving the request document from the agencies mentioned in Article 19 of this Decision, the Immigration Management Department under the Ministry of Public Security shall be responsible for notifying the competent authorities of the member economies about the cancellation of the validity of the ABTC card issued to Vietnamese businessmen.

3. An ABTC card that has been canceled will not be restored. If Vietnamese businessmen wish to continue using the ABTC card, they must apply for a new issuance or reissue of the card.

Chapter VI REVIEW OF PERSONNEL, ISSUE TEMPORARY RESIDENCE PERMITS, AND NOTIFICATION OF ABTC CARDS NO LONGER BEING VALID FOR ENTRY INTO VIETNAM FOR FOREIGN BUSINESSMEN

Article 21. Review of Personnel for Foreign Businessmen

1. The Immigration Management Department under the Ministry of Public Security shall review and respond with the results of the personnel review within fifteen days from the date of receiving complete information exchanged by the competent authorities of the member economies regarding the personnel data of their businessmen who have requested issuance of the ABTC card for entry into Vietnam. In cases where the competent authorities of the member economies are required to supplement personnel data, the time limit for the Immigration Management Department under the Ministry of Public Security to review and respond with the results of the personnel review to the competent authorities of the member economies shall not exceed twenty-one days from the date of receiving the first information about the personnel data of the member economy's businessman.

2. No fee shall be charged for the personnel review for businessmen from member economies participating in the ABTC program when their competent authorities request Vietnam to consider allowing their businessmen to enter Vietnam with an ABTC card.

3. When businessmen from member economies whose ABTC cards include the name of Vietnam in the list of member economies agreeing to entry, and they enter Vietnam with such an ABTC card, they are not required to pay other fees related to entry and exit procedures and residence.

4. Businessmen from member economies participating in the ABTC program who have not been approved by the Immigration Management Department under the Ministry of Public Security for entry into Vietnam with an ABTC card, if they fall under the category of those not allowed to enter Vietnam according to the laws on entry, exit, transit, and residence of foreigners in Vietnam.

Article 22. Competence to Review Personnel for Foreign Businessmen

The Immigration Management Department under the Ministry of Public Security has the authority to review and exchange the results of the personnel review with the competent authorities of member economies participating in the ABTC program when their businessmen request issuance of an ABTC card for entry into Vietnam.

Article 23. Issuance of Temporary Residence Certificates for Foreign Businessmen with ABTC Cards

1. Foreign businessmen using ABTC cards to enter Vietnam shall be issued a temporary residence certificate valid for ninety days upon each entry by the border control unit at international checkpoints, which is shorter than the validity period of their passports by thirty days.

2. In cases where the ABTC card has less than ninety days remaining validity, the temporary residence certificate shall be issued for the duration of the card's validity.

Article 24. Notification of Invalidity of ABTC Cards for Foreign Businessmen

1. The ABTC card of foreign businessmen will not be valid for entering Vietnam in the following circumstances:

a) Falsifying businessperson files to obtain the card;

b) Foreign businessmen who have been granted ABTC cards and are currently being processed for violations of Vietnamese laws;

c) Foreign businessmen using ABTC cards to enter Vietnam are refused entry due to circumstances that prohibit entry according to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam.

2. Investigative agencies, People's Procuracy, People's Courts, and enforcement agencies at all levels shall notify the Immigration Management Department under the Ministry of Public Security regarding the situations stipulated in points a and b of Clause 1 of this Article.

3. Border control units shall notify the Immigration Management Department under the Ministry of Public Security regarding the situation stipulated in point c of Clause 1 of this Article.

4. The Immigration Management Department under the Ministry of Public Security shall notify the competent authorities of member economies about the invalidation of the ABTC card issued to such businessmen for entry into Vietnam.

Chapter VII IMPLEMENTATION ORGANIZATION

Article 25. Responsibilities of the Ministry of Public Security

1. To take the lead and coordinate with relevant ministries, departments, provincial/municipal people's committees directly under the central government, and related agencies and organizations in drafting, promulgating, or submitting to the competent authority for promulgation normative legal documents concerning the issuance, management, and use of ABTC cards.

2. To take the lead and coordinate with relevant ministries, departments, provincial/municipal people's committees directly under the central government in building and connecting data on Vietnamese businesspersons applying for ABTC cards; lists of Vietnamese businesspersons who have been issued ABTC cards; lists of Vietnamese businesspersons who have not been issued ABTC cards; lists of Vietnamese businesspersons whose ABTC cards have been invalidated; updating information in the National Database on Entry and Exit; providing online public services.

3. To organize verification, review, issuance, and revocation of ABTC cards for Vietnamese businesspersons; control the entry and exit of businesspersons holding ABTC cards; issue temporary residence certificates; review personnel of foreign businesspersons.

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

a) Personnel data of Vietnamese businesspersons applying for ABTC cards;

b) Vietnamese businesspersons applying for replacement ABTC cards;

c) Vietnamese businesspersons and businesspersons from participating member economies in the ABTC program whose ABTC cards have been notified as invalid;

d) Results of reviews for issuing ABTC cards to businesspersons from participating member economies in the ABTC program.

5. To conduct inspections, handle complaints and denunciations, and enforce violations of laws in the issuance, management, and use of ABTC cards by businesspersons.

6. To implement international cooperation related to the APEC Business Travel Card Program.

7. To conduct national statistics related to ABTC cards.

Article 26. Responsibilities of Ministries, Political-Social Organizations, Vietnam Chamber of Commerce and Industry, People's Committees of provinces and centrally governed cities

1. Strictly examine and approve business leaders who meet the conditions to use the ABTC card.

2. Coordinate with the Ministry of Public Security to exchange information, search, and compile data on personnel applying for the ABTC card; lists of business leaders granted the ABTC card under their jurisdiction on the Ministry of Public Security’s Public Service Portal.

3. Each ministry, People's Committee of provinces and centrally governed cities shall be granted one electronic account to access the Ministry of Public Security’s Public Service Portal.

4. Before January 15 each year, ministries, political-social organizations, Vietnam Chamber of Commerce and Industry, People's Committees of provinces and centrally governed cities shall be responsible for exchanging with the Ministry of Public Security through the Ministry of Public Security’s Public Service Portal about the situation of using the ABTC card by business leaders under their jurisdiction.

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

1. Provide complete and accurate information and documents of the enterprise; bear responsibility for the accuracy of the information declared in reports and commitments to strictly comply with laws and regulations of member economies applicable to ABTC card holders.

2. Agencies, organizations, and enterprises shall cooperate with competent authorities managing the activities of foreign business leaders entering Vietnam with the ABTC card according to the purpose of entry and coordinate with accommodation facilities to declare temporary residence for business leaders in accordance with the law.

3. Vietnamese agencies, organizations, and enterprises shall cooperate with the Immigration Administration, Ministry of Public Security in providing personnel information of business leaders to member economies when they request Vietnam to consider personnel for granting the ABTC card.

4. If there are violations during the application process for the ABTC card, agencies, organizations, enterprises, and individuals will be handled according to the law.

5. Agencies, organizations, enterprises, and individuals using the ABTC card shall report annually on the situation of using the ABTC card within their units before December 31 to the specialized agency of the ministry, People's Committee of provinces and centrally governed cities. In case of any issues arising during the use of the ABTC card, timely reports must be made to the specialized agency of the ministry, People's Committee of provinces and centrally governed cities. Compliance with periodic reporting is the basis for considering permission to use the ABTC card at agencies, organizations, and enterprises.

Chapter VIII IMPLEMENTATION PROVISIONS

Article 28. Effective Date

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

2. This Decision replaces Decision No. 45/2006/QĐ-TTg dated February 28, 2006.

Article 29. Responsibility for Implementation

1. The Ministry of Public Security shall take the lead and coordinate with ministries, sectors, and People's Committees of provinces and centrally governed cities to implement this Decision.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of People's Committees of provinces and centrally governed cities, related organizations, enterprises, and individuals shall be responsible for implementing this Decision.