Circular No. 28/2016/TT-BCA guides the implementation of the Regulation on the issuance and management of APEC Business Travel Cards for businesspersons

CIRCULAR

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

for APEC Business Persons

Pursuant to Decision No. 45/2006/QĐ-TTg dated February 28, 2006 of the Prime Minister promulgating the Regulation on Issuance and Management of APEC Business Travel Cards and Decision No. 54/2015/QĐ-TTg dated October 29, 2015 of the Prime Minister amending and supplementing certain provisions of the Regulation on Issuance and Management of APEC Business Travel Cards issued together with Decision No. 45/2006/QĐ-TTg;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the General Security Department;

The Minister of Public Security issues this Circular guiding the implementation of the Regulation on Issuance and Management of APEC Business Travel Cards.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

a) Leadership and management positions in public service units under the archival sector;

a) Procedures for issuing new, reissuing, and managing APEC Business Travel Cards (hereinafter referred to as ABTC) for Vietnamese business persons;

b) Examination and approval of personnel for issuance of ABTC and issuance of temporary residence certificates for foreign business persons.

This Circular applies to Vietnamese business persons; foreign business persons; agencies, organizations, enterprises, and individuals related to the issuance, use, and management of ABTC.

Article 2. Validity of the ABTC

1. The ABTC has the validity of a visa for entry into member economies participating in the ABTC program (hereinafter referred to as member economies) listed on the card.

2. An ABTC that has been invalidated cannot be restored (even if the card is found later). If a business person wishes to continue using the ABTC, they must apply for a new card.

Article 3. Reporting and Invalidating Lost ABTC

1. A business person who loses their ABTC must report it to the Immigration Administration Department of the Ministry of Public Security within 48 hours from the time of discovery, using Form X09 attached hereto. Foreign business persons residing in Vietnam must also report to the Immigration Administration Department and simultaneously inform the representative office of the member economy that issued the ABTC.

2. Upon receiving the report from the business person, the Immigration Administration Department will issue a confirmation certificate to the person, invalidate the card, and notify the member economy of the invalidation of the lost card.

Chapter II

REGARDING THE ISSUANCE OF NEW AND REPLACEMENT ABTC FOR VIETNAMESE BUSINESS PERSONS

Article 4. Place of Submission and Receipt of Results

1. A business person applying for a new or replacement ABTC shall submit the application directly at the Immigration Administration Department and receive the result there. In cases where an agency or enterprise sends an employee to submit the application and receive the result on behalf of the business person, the person sent must present an introduction letter from the agency or enterprise, along with their identity card or valid citizen identification card.

2. A business person may access the "Electronic Application Form Website" of the Immigration Administration Department to enter information according to Form X05 attached hereto.

3. A business person applying for a new or replacement ABTC may entrust a postal service company to receive the result.

Article 5. Documents for Applying for a New ABTC (First Issue, Reissue When Card Expires)

1. One completed Form X05, confirmed and stamped over the photograph by the head of the enterprise or the personnel management department of the relevant economic sector or specialized state management agency overseeing the activities of enterprises;

2. Two newly taken photographs, size 3cm x 4cm, bareheaded, facing forward, without tinted glasses, white background;

3. Notification of request for card issuance or permission to use the card from the competent authority as stipulated in Clause 4, Article 1 of Decision No. 54/2015/QĐ-TTg.

Article 6. Documents for Requesting Reissue of ABTC Card

1. In cases where the ABTC card still has validity but the businessperson requests reissue, in addition to the documents specified in Clause 1 and Clause 2, Article 5, the following additional documents must be submitted:

a) If the businessperson retains the same position as at the time of the previous issuance, they must return the old card and submit a confirmation document from the agency or enterprise where they work.

b) If the businessperson changes their position compared to the previous issuance, they must return the old card and submit the documents as specified in Clause 3, Article 5 of this Circular.

2. For reissuance in cases not covered by Clause 1 of this Article, in addition to the documents specified in Clause 1 and Clause 2, Article 5, the following additional documents must be submitted:

a) In cases of reissuance due to the businessperson obtaining a new passport while the ABTC card remains valid, the old card and a copy of the new passport must be submitted.

b) In cases of reissuance due to being notified by the competent authority of a member economy that the ABTC card is no longer valid for entry, the card and a notification document from the Exit and Entry Administration Department must be returned.

c) In cases of reissuance due to loss of the card, a confirmation document from the Exit and Entry Administration Department must be submitted. If the loss was not reported at the time, a statement regarding the loss must be submitted.

d) In cases where the ABTC card is damaged, the card must be returned.

đ) In cases where the businessperson has been issued a conclusion by a competent authority (investigation agency, People's Procuracy, People's Court, enforcement agencies at all levels) stating that there is no longer any violation of the law or that all financial obligations including tax payments have been fulfilled, the card and the conclusion document from these authorities must be returned.

3. In cases where the businessperson requests to add the name of a member economy, the card and a document from the agency or enterprise where the businessperson works must be returned.

Article 7. Regarding Requests for Issuance and Reissuance of ABTC Cards through the Electronic System of the Exit and Entry Administration Agency

1. Individuals requesting issuance or reissuance of ABTC cards may access the electronic system of the Exit and Entry Administration Agency (hereinafter referred to as the XNC website) at the address https://www.vnimm.gov.vn to electronically fill out Form X05.

2. Within 10 days from the date of completing the information on the electronic form, the individual requesting the card must use the appointment scheduling function on the XNC website to select a time to visit the Exit and Entry Administration Department to submit the application. After this period, the electronic form information will automatically be deleted from the XNC website.

3. The procedures for submitting applications for issuance and reissuance of ABTC cards through the XNC website shall be carried out in accordance with the provisions of Article 6 of this Circular.

4. Individuals requesting issuance or reissuance of ABTC cards through the XNC website can pay fees online via the account of the Exit and Entry Administration Department.

Article 8. Validity Period of ABTC Cards Issued to Vietnamese Businesspersons

1. The ABTC card issued to Vietnamese businesspersons has a validity period of five years from the date of issuance.

2. In cases where the businessperson's passport has less than five years remaining validity, the validity period of the newly issued card will be the same as the remaining validity period of the passport.

3. In cases where the ABTC card is reissued for the following reasons, the validity period of the newly issued card will be the same as the remaining validity period of the old card:

a) The businessperson obtains a new passport.

b) The businessperson is notified by one or more member economies that the ABTC card is no longer valid for entry into those economies.

c) The ABTC card of the businessperson is lost.

d) The ABTC card of the businessperson is damaged.

đ) The businessperson requests to add a member economy to the ABTC card.

REGARDING

Chapter III

APPROVAL PERSONNEL AND ISSUE OF TEMPORARY RESIDENCE CERTIFICATE FOR FOREIGN BUSINESSPERSON N APPLICATIONFOREIGN EXTRATERRITORIAL JURISDICTION

Article 9. The examination and approval of proposed personnel issuance of ABTC cards for foreign businesspersons

1. Foreign businesspersons requesting to be issued an ABTC card to enter Vietnam must go through the competent authority of the member economy of which they are citizens to complete the procedures (in the case of foreign businesspersons residing in Hong Kong, they must go through the competent authority of Hong Kong).

2. The competent authority of the member economy shall send full personal data of the person requesting the ABTC card to the Immigration Management Department through the APEC application processing system.

3. The Immigration Management Department shall examine and exchange the results of the ABTC card issuance approval with the competent authority of the member economy in accordance with Clause 1 of Article 15 of the Regulation promulgated together with Decision No. 45/2006/QĐ-TTg.

Article 10. Issuance of temporary residence certificates for foreign businesspersons

1. Persons using the ABTC card entering Vietnam shall be granted a temporary residence certificate valid for 90 days upon each entry by the border control unit at the international checkpoint.

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.

3. In cases where a foreign businessperson loses their passport and has been issued a new passport by the competent authority of the member economy of which they are a citizen, the Immigration Management Department shall issue a temporary residence permit for the duration of the previously issued temporary residence certificate at the checkpoint.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Effective Date

1. This Circular takes effect from August 20, 2016.

2. This Circular replaces Circular No. 10/2006/TT-BCA dated September 18, 2006, of the Ministry of Public Security guiding the implementation of the Regulation on the issuance and management of APEC Business Travel Cards issued together with Decision No. 45/2006/QĐ-TTg dated February 28, 2006, of the Prime Minister, and Article 2 of Circular No. 07/2013/TT-BCA dated January 30, 2013, of the Ministry of Public Security amending and supplementing some points of Circular No. 27/2007/TT-BCA dated November 29, 2007, of the Ministry of Public Security guiding the issuance, amendment, and supplementation of ordinary passports within the country and Circular No. 10/2006/TT-BCA.

Article 12. Transitional Provisions

ABTC cards issued by the Immigration Management Department to Vietnamese businesspersons before this Circular takes effect, if still valid, may continue to be used until the expiration date indicated on the card.

Article 13. Responsibility for Implementation

The Director of the General Administration of Security is responsible for guiding relevant agencies, organizations, enterprises, and individuals to implement this Circular./.