Circular No. 10/2006/TT-BCA guiding the implementation of the Regulation on issuing and managing APEC Business Travel Cards for business persons under Decision No. 45/2006/QĐ-TTg dated February 28, 2006 of the Government Prime Minister.

CIRCULAR

Guidelines for Implementing the Regulation on Issuance and Management of APEC Business Travel Cards

for Entrepreneurs Pursuant to Decision No. 45/2006/QĐ-TTg

dated February 28, 2006 of the Government Prime Minister

________________

Pursuant to Decision No. 45/2006/QĐ-TTg dated February 28, 2006 of the Government Prime Minister on the issuance of the Regulation on Issuance and Management of APEC Business Travel Cards for Entrepreneurs (hereinafter referred to as the Regulation), after reaching consensus with the Ministry of Foreign Affairs, the Ministry of Trade, and the Ministry of Public Security, the following guidelines for implementing the Regulation are hereby issued:

I. GENERAL PROVISIONS

1. For individuals under Article 6 of the Regulation (commonly referred to as Vietnamese entrepreneurs):

 a) The APEC Business Travel Card (ABTC) issued to Vietnamese entrepreneurs shall be valid for three years. In cases where the entrepreneur's passport has less than three years remaining validity, the card's validity shall be equivalent to the remaining validity of the passport.

 b) Vietnamese entrepreneurs holding a valid ABTC may enter and exit member countries and territories listed on their card, provided they present a valid passport upon entry and exit as required by those countries and territories.

 c) An ABTC reported lost by an entrepreneur will be invalidated and cannot be restored, even if the card is later found. If the entrepreneur wishes to continue using the ABTC, they must apply for a new card.

2. For entrepreneurs from other member countries and territories (referred to hereafter as foreign entrepreneurs): if they hold a valid passport and a valid ABTC with Vietnam listed as the destination country on the card, they are permitted to enter and exit through international border gates of Vietnam.

II. ISSUANCE OF ABTC FOR VIETNAMESE ENTREPRENEURS

1. The application package for issuing an ABTC for Vietnamese entrepreneurs submitted to the Department of Exit and Entry Administration - Ministry of Public Security includes:

 a) One application form for issuing the card (in accordance with the model issued by the Department of Exit and Entry Administration), certified by the head of the enterprise or the directly managing agency.

 b) Four photographs measuring 3x4 cm, white background, frontal view, bareheaded (one photograph affixed to the application form with the seal of the enterprise or the directly managing agency and three separate photographs).

 c) Authorization document from the competent authority, specifically:

 - A document from the Government Prime Minister if the entrepreneur is appointed to a position by the Government Prime Minister or is directly managed by them.

 - A document from the head of a ministry-level agency (or equivalent) if the entrepreneur is appointed to a position by the head of a ministry-level agency (or equivalent) or works at an enterprise established or directly managed by a ministry-level agency (or equivalent).

 - A document from the Chairman of the Provincial People's Committee if the entrepreneur is appointed to a position by the Chairman of the Provincial People's Committee or works at an enterprise established or directly managed by the Provincial People's Committee.

2. When submitting the application package for an ABTC, the entrepreneur must present a valid passport. In cases where another staff member is authorized by the enterprise or agency to submit the application and collect the card on behalf of the entrepreneur, that staff member must present a letter of introduction from the enterprise or agency, their own identification card, and the entrepreneur's valid passport.

3. Procedure and Time Limit for Considering the Issuance of ABTC:

 a. Within three working days from the date of receipt of a complete application for an ABTC, the Department of Exit and Entry Administration will exchange personnel data of the entrepreneur with the competent authorities of member countries and territories.

 b. The time limit for member countries and territories to consider and respond (agreeing or not agreeing to issue the card) according to the ABTC program regulations is a maximum of 21 days from the date the Department of Exit and Entry Administration exchanges personnel data with the member countries and territories. Therefore, when the 21-day period expires, the Department of Exit and Entry Administration will issue the ABTC to the entrepreneur, even if responses from all member countries and territories have not been received.

 c. The Department of Exit and Entry Administration may issue the ABTC before the expiration of the 21-day period in the following cases:

 - When responses from all member countries and territories have been received;

 - When some member countries and territories agree to issue the card, and the entrepreneur submits a request to the Department of Exit and Entry Administration to issue the ABTC without waiting for responses from all member countries and territories.

4. When issuing the ABTC, the Department of Exit and Entry Administration will record on the card the names of member countries and territories that have agreed to issue the card to the entrepreneur.

III. PERSONNEL REVIEW AND ENTRY, EXIT, RESIDENCE OF FOREIGN ENTREPRENEURS

1. Foreign entrepreneurs requesting Vietnam to review and issue an ABTC must have their personnel data exchanged with the Department of Exit and Entry Administration - Ministry of Public Security of Vietnam by the competent authority of the member country or territory of which they are citizens. Personnel data include: full name, gender, date of birth, nationality, position or occupation, passport number, and expiry date of the passport.

Foreign entrepreneurs who are citizens of non-APEC countries or although citizens of APEC member countries but not participating in the ABTC program can also be considered for an ABTC if they hold a valid Hong Kong (China) residence card. In this case, in addition to the above personnel data, the entrepreneur must provide the number of their Hong Kong residence card.

2. Foreign entrepreneurs holding a valid ABTC and passport, upon entering Vietnam, will be granted a temporary stay certificate by the immigration management agency at Vietnam's international border gate for each entry, valid for up to 90 days. In cases where the foreign entrepreneur's passport has less than 120 days remaining validity, the temporary stay certificate will be shorter by 30 days compared to the passport's validity. In cases where the ABTC's validity is less than 90 days, the temporary stay certificate will be valid for the same duration as the ABTC.

2. Foreign businesspersons holding ABTC card and valid passports, upon entering Vietnam, shall be granted a temporary residence certificate by the immigration management agency at international border gates of Vietnam for a period of ninety days for each entry. In cases where the validity of the foreign businessperson's passport is less than one hundred twenty days, the temporary residence certificate shall be issued for a shorter period, thirty days less than the passport's validity. In cases where the validity period of the ABTC card is less than ninety days, the temporary residence period granted shall be equal to the validity period of the ABTC card.

3. A foreign entrepreneur who loses their ABTC card in Vietnam must inform the Immigration Management Agency and the representative agency of the member country or territory of which they are a citizen within the temporary stay period granted by the immigration management authority. After reporting the loss of the card, the foreign entrepreneur is permitted to depart from Vietnamese territory using a valid passport.

In the case where a foreign entrepreneur loses both their passport and ABTC card, in addition to reporting the loss as prescribed above, the foreign entrepreneur must request the representative agency of the member country or territory of which they are a citizen to issue a new passport or substitute travel document, and then apply to the Immigration Management Agency for a temporary residence certificate to present to the immigration management authority at the border when departing.

This Circular takes effect fifteen days after its publication in the Official Gazette./.