APEC BUSINESS TRAVEL CARDS (ABTC) FOR VIETNAMESE BUSINESS PEOPLE

by Admin

20/12/2021

Documentation & Knowledge

APEC BUSINESS TRAVEL CARDS (ABTC) FOR VIETNAMESE BUSINESS PEOPLE

 

APEC business travel cards (hereinafter abbreviated to as “ABTC”) mean a kind of document issued by competent authorities of countries or territories participating in the Scheme on APEC business travel card to their business people in order to facilitate their travels to conduct business cooperation, commercial, investment or service activities; to participate in conferences and seminars; or for other economic purposes in countries and territories within APEC participating in the Scheme. ABTC holders, when entering or departing from countries or territories stated in their ABTC, need not obtain visas of such countries or territories.

 

1. Nations/territories participating in APEC business travel cards program

Currently, ABTCs are valid in 19 countries and territories of APEC including: Australia, Brunei, Chile, China, Hong Kong, Indonesia, Japan, Korea, Malaysia, New Zealand, Papua New Guinea, Peru, Philippines, Singapore, Taiwan, Russia, Mexico, Thailand and Vietnam.

When issued and using ABTCs, Vietnamese business people have privileges:

  • Proactively going on business to 19 countries of APEC without applying for visa;
  • Allowed to stay up to 90 days per entry;
  • Save visa application expenses and allowed to multiple times entries within 05 years;
  • Private entrance at the airports; 
  • Priority in the process of applying for visas to developing countries such as The United Kingdom, America, Canada, etc and G20 countries.

2. Business people eligible for issuance of ABTCs

Pursuant to Article 6.1 of Decision 45/2006/QD-TTg, amended and supplemented by Decision 54/2015/QD-TTg promulgated by the Prime Minister, the subjects eligible for issuance of ABTCs are divided into 03 following groups:

a. Group of Vietnamese Business People working in state-owned enterprises

Group of Vietnamese Business People working in state-owned enterprises including:

  • Chairman of the Board of Members, Chairs of corporations, General Directors appointed by the Prime Minister;
  • Members of the Board of Members, General Directors, Deputy General directors, Directors, Deputy directors of enterprises, industrial zones, processing and exporting zones, economic zones; Directors, Deputy directors of banks or branches;
  • Chief accountants, Managers, Assistant managers from enterprises, industrial zones, processing and exporting zones, economic zones, banks; Heads of branches of enterprises or banks.

b. Group of Vietnamese Business People working in enterprises that are legally established under Vietnamese law

Group of Vietnamese Business People working in enterprises that are legally established under Vietnamese law including:

  • Owners of private enterprises, Chairman of the Board of Members, members of the Board of Members, President of the Board of Directors, members of Board of Directors, General directors or Directors of companies;
  • President of the Board of Directors, members of Board of Directors, Directors or General directors of cooperatives or joint cooperatives;
  • Chief accountants, managers from enterprises; heads of enterprises' branches and other similar titles.

c. Group of staff, officials and civil servants who take part in activities of APEC

Group of staff, officials and civil servants who take part in activities of APEC including:

  • Ministers, Deputy ministers, Heads of ministerial-level agencies, Governmental agencies, Chairs and Deputy chairs of People’s committees of central-affiliated cities and provinces responsible for participating in meetings, conferences and activities of cooperation and development of APEC;
  • Staffs, officials and civil servants responsible for participating in meetings, conferences, seminars and other activities of APEC;
  • Heads, Deputy heads of Vietnamese trade representative offices in member states or territories of APEC.

3. The conditions for issuance of ABTCs 

a. The conditions for business people

  • Business people must be at least 18 years old and must not be limited legal capacity or lack of legal capacity.
  • Not in the scope of those who are not permitted to exit the country yet pursuant to the provisions of Vietnamese law.
  • Vietnamese business people with Ordinary Passport valid for at least 3 years from the date of submitting the dossiers for ABTCs.
  • Business people working in enterprises with business, trade, investment and service cooperation activities with partners in participated ABTCs member economies that are expressed through economic contracts, investment projects and specific service contracts.
  • Business people are working in enterprises expressed through labor contracts, decisions on assignment of positions, meanwhile, have contributed fully social insurance at the such enterprises.
  • Business people working in enterprises that have been in operation for at least 06 (six) months.
  • Business people working in enterprise comply with trade, tax, customs, labor and social insurance law.

b. The conditions for enterprises where business people working for 

  • Enterprises with business production revenue of at least 10 billion VND or with total export and import turnover equivalent to 10 billion VND in the latest year for enterprises located in Ho Chi Minh City or in the last two years for enterprises located in Ha Noi; and different minimum regulations will be issued for enterprises located in other provinces. 
  • Enterprises with business, trade, investment and service cooperation activities with partners in participated ABTCs member economies, the proof condition is having at least one conducted contract within no more than 12 months until the time of asking permission to use ABTCs with partners from APEC member economies participating in the ABTC card program. The proof dossier is one of the documents: Foreign Trade Contract, Venture Contract, Business Cooperation Contract, Service Contract enclosed with the copy of one of the relevant documents showing the performance of the signed contract.
  • Enterprises implement properly and sufficiently tax, social insurance, export and import obligations.

4. The procedure for issuance of ABTCs

a. Dossier of issuance of ABTCs

  • 01 declaration form (according to form issued by Administration of Immigration), confirmed in writing and 'affixed-stamped’ over ID photo by Heads of enterprises or enterprises directly managing business people.
  • The written notification requesting for issuance of ABTCs or written permission to use ABTCs issued by the competent authorities.
  • Two (02) latest 3cm x 4cm photos with white background.
  • A copy of one of the documents: Invitation, Foreign Trade Contract, Venture Contract, Business Cooperation Contract, Service Contract or other export and import documents (L/C, bill of lading, customs declaration, payment invoice) no more than 01 year from the time asking permission to use ABTCs with partners from APEC member economies participating in the ABTC card program (enclosed with the originals of the above documents for comparison). Documents in foreign languages must be enclosed with Vietnamese translation.
  • A copy of Passport.
  • A copy of Decision of appointment position.
  • A copy of the Social Insurance Book.

b. The procedure for issuance of ABTCs

  • Step 1: Enterprises submit the dossiers to be granted the Approval Decision about allowing the use of ABTCs of the Provincial People’s Committee where the enterprises are located.
  • Step 2: Enterprises submit dossiers of application for ABTCs at Administration of Immigration, Ministry of Public Security.
  • Step 3: Within 03 working days, the Administration of Immigration will exchange business personnel data to the competent authorities of member countries or territories.

Member countries and territories review and respond (approve or disapprove of issuance for ABTCs) within a maximum period of 21 days, from the date the Administration of Immigration exchanges business personnel data to member countries and territories. When the period of 21 days expires, the Administration of Immigration will issue ABTCs for business people, even if they have not received the reply of all member countries and territories. Additionally, the Administration of Immigration is able to issue before the expiration of 21-day period in the following circumstances:

  • When receiving the reply of all member countries and territories;
  • When several member countries and territories agree to issue cards, business people themselves submit a written application of issuance for ABTCs to the Administration of Immigration without receiving the reply of all member countries and territories.

When issuing ABTCs, the Administration of Immigration writes the names of member countries and territories that approved issuance cards for business people on ABTCs.

  • Step 4: Business people receive ABTCs at the Administration of Immigration or through postal business.

Note: The procedure for issuance of ABTCs in each Province is different. Therefore, enterprises have to implement the procedure for issuance of ABTCs in accordance with the regulations of the local in which the enterprises are located.

Above is DHT Law Firm’s legal advice for Vietnamese businesspeople to obtain the ABTCs. With a team of experienced lawyers, legal advisors, DHT Law Firm has been making additional efforts to provide professional legal services to Value Clients. If you have any further questions or concerns, please contact us for timely and effective support.