Thông tư 28/2016/TT-BCA Quy chế về việc cấp và quản lý thẻ đi lại của doanh nhân APEC

THE MINISTRY OF PUBLIC SECURITY

Circular No. 28/2016/TT-BCA dated July 05, 2016 of the Ministry of Public Security onimplementation of regulation on issuance and management of APEC business travel cards

Pursuant to the Prime Minister’s Decision No. 45/2006/QD-TTg dated February 28, 2006 promulgating the Regulation on issuance and management of APEC business travel cards and Decision No. 54/2015/QD-TTg dated October 29, 2015 on amendments and supplements to a number of the Regulation on issuance and management of APEC business travel cards enclosed with Decision No. 45/2006/QD-TTg;

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

At the request of director of General Department of Security;

The Minister of Public Security has promulgated the Circular providing instructions on the implementation of the Regulation on issuance and management of APEC business travel cards.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment and subject of application

1.This Circular provides instructions on:

a) Procedures for issuance, re-issuance and management of APEC business travel cards (hereinafter referred to as ‘ABTC’) to Vietnamese businesspersons;

b) Issuance of ABTC and certificates of temporary residence to foreign businesspersons;

2.This Circular applies to businesspersons at home and abroad; agencies, organizations, enterprises and individuals in connection with issuance, use and management of ABTC.

Article 2. Validity of ABTC

1.ABTC may function as an entry visa into countries and territories as members of ABTC participating economies (herein ‘member economies’).

2. ABTC with validity being terminated shall not be restored (even if lost ABTC have been found).

Article 3. Notification of loss of ABTCs, cancelation of validity of lost ABTCs

1.Any individual whose ABTC is lost, within 48 hours since detection of loss, should make notification to Immigration Administration, the Ministry of Public Security according to Form X09 enclosed herewith. Similarly, any foreign individual currently residing in Vietnam should make notification to Immigration Administration and at the same time to representative agency of the member economy that issued the ABTC.

2.Upon receipt of the notification, Immigration Administration shall issuance a written confirmation to the card holder; carry out cancelation of validity of the card and at the same time give notification to the member economy of this cancelation.

Chapter II

ISSUANCE, RE-ISSUANCE OF ABTC TO VIETNAMESE BUSINESSPERSONS

Article 4. Application receiving and handling place

1. Any businessperson who requests issuance, re-issuance of ABTC should submit applications in person to Immigration Administration.

2. Businesspersons may access Immigration Administration s website for filling up information according to Form X05 enclosed herewith.

3. Businesspersons who request issuance, re-issuance of ABTC may entrust postal service businesses with the task.

Article 5. Applications for issuance of ABTC (first issuance, renewal)

1. One (01) declaration form (according to Form X05), confirmed in writing and fan-stamped’ over ID photo by heads of enterprises or personnel organizing agency of economic sectors, business activity regulatory state agencies;

2.Two (02) latest 3cm x 4cm photos with white background;

3.A request form to competent authorities for issuance of ABTC or written permission for use of ABTC as prescribed in Clause 4, Article 1 of the Decision No. 54/2015/QD-TTg.

Article 6. Applications for re-issuance of ABTC

1.Any businessperson who requests re-issuance of ABTC (while his/her current ABTC remains unexpired) shall provide following documents in addition to documents as prescribed in Clause 1, Clause 2, Article 5:

a) Current ABTC and written confirmations by heads of agencies, enterprises where the businessperson is working (in case this businessperson remains holding the same business position as when he/she was issued the ABTC).

b) Current ABTC and request form as prescribed in Clause 3, Article 5 hereof (in case such businessperson no longer holds the business position during which he/she was issued the ABTC).

2.For re-issuance of ABTC outside the scope of Clause 1, this Article, following documents should be provided in addition to documents as prescribed in Clause 1, Clause 2, Article 5:

a) In case of re-issuance of ABTC to a businessperson whose current ABTC remains unexpired but has been issued the new passport, such current ABTC and new passport should be provided.

b) In case of re-issuance as current ABTC is no longer valid for entry as notified by competent authorities of relevant member economy, such current ABTC and written notifications from Immigration Administration should be provided;

c) In case of re-issuance as a result of loss, written confirmations from Immigration Administration should be provided.

d) In case the ABTC is damaged, such ABTC should be provided;

dd) In case a businessperson has been concluded by competent authorities (investigation agencies, the People’s Procuracy, People’s Court, sentence execution authority) that he/she no longer commits acts in violation of the law or has fulfilled tax obligations and other liabilities, current ABTC and written conclusions from competent authorities should be provided.

3.In case the businessperson requests adding name of a member economy, current ABTC and written confirmations from agencies, enterprises where he/she is working.

Article 7. Renewal, re-issuance of ABTC through electronic system of immigration authority

1.Any businessperson who requests renewal or re-issuance of ABTC may access the electronic system of immigration authority at https://www.vnimm.gov.vn for filling information according to Form X05.

2.Within 10 days since online declaration is completed, applicants shall use appointment scheduling functions on the website for the right time to submit applications in person to Immigration Administration. After this time, information declared online shall be automatically deleted.

3.Procedures for renewal, re-issuance of ABTC through the website shall be instructed in Article 6 hereof.

4.Applicants applying for renewal, re-issuance of ABTC through the website may pay charges and fees online to the account of Immigration Administration.

Article 8. Validity period of ABTC issued to Vietnamese businesspersons

1.ABTC issued to Vietnamese businesspersons shall be valid for five years since the date of issue.

2.In case remaining validity period of the businessperson’s passport is less than five years, validity period of the new ABTC shall be equal to validity period of such passport.

3.Validity period of a new ABTC shall be equal to the remaining validity period of the old one in case of re-issuance of ABTC for following reasons:

a) The businessperson is issued the new passport;

b) The businessperson’s ABTC is no longer valid for entry into a member economy as notified by such member economy;

c) ABTC is lost;

d) ABTC is damaged;

dd) The businessperson requests adding member economies to the ABTC.

Chapter III

ISSUANCE OF CERTIFICATE OF TEMPORARY RESIDENCE TO FOREIGN BUSINESSPERSONS

Article 9. Issuance of ABTC to foreign businesspersons

1. Any foreign businessperson who requests issuance of ABTC for entry into Vietnam should obtain approval of competent agencies of the member economy to which such businessperson is a citizen.

2.Competent agencies of the member economy shall provide adequate records of the applicant to Immigration Administration via the application handling system of APEC.

3.Immigration Administration shall review and discuss eligibility of the application with competent agencies of the member economy as prescribed in Clause 1, Article 15 of the Regulation enclosed with the Decision No. 45/2006/QD-TTg.

Article 10. Issuance of certificates of temporary residence to foreign businesspersons

1. Any ABTC holder who enters Vietnam shall be issued a certificate of temporary residence which is valid for 90 days for each entry. The certificate of temporary residence shall be issued at the international checkpoint.

2. If the remaining validity period of ABTC is less than 90 days, validity of the certificate of temporary residence to be issued shall be the remaining validity period of the ABTC.

3.If a businessperson loses his/her passport and has been issued the new passport by competent agencies of a member economy to which he/she is a citizen, Immigration Administration shall grant temporary residence for a period the same as validity period of the certificate of temporary residence issued at the checkpoint.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 11. Effect

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

2.This Circular supersedes the Ministry of Public Security’s Circular No. 10/2006/TT-BCA dated September 18, 2006 providing instructions on the Regulation on issuance and management of APEC business travel cards enclosed with the Prime Minister’s 45/2006/QD-TTg dated February 28, 2006 and Article 2 of the Ministry of Public Security’s Circular No. 07/2013/TT-BCA dated January 30, 2013 on supplements and amendments to a number of Articles of the Circular No. 27/2007/TT-BCA dated November 29, 2007.

Article 12. Transitional provisions

Any ABTC issued by Immigration Administration to Vietnamese businesspersons before the effective date of this Circular shall remain in force until expiration date noted thereon.

Article 13. Implementation responsibilities

Director of General Department of Security shall be responsible for providing instructions to relevant agencies, organizations, businesses and individuals on implementation of this Circular./.

For the Minister

Senior lieutenant-general

To Lam