Quyết định 54/2015/QĐ-TTg sửa đổi Quy chế cấp và quản lý thẻ đi lại của doanh nhân APEC ban hành kèm theo Quyết định 45/2006/QĐ-TTg

THE PRIME MINISTER

Decision No. 54/2015/QD-TTg datedOctober 29, 2015 of the Prime Minister on amending and supplementing a number of Articles of the Regulations on issuance and management of the APEC business travel cards attached with the Decision No. 45/2006/QD-TTg dated February 28, 2006 of the Prime Minister

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on entry, exit, transit, and residence of foreigners in Vietnam dated June 16, 2014;

At the request of the Minister of Public Security,

The Prime Minister promulgates the Decision amending and supplementing a number of articles of the Regulations on issuance and management of the APEC business travel cards attached with the Decision No. 45/2006/QD-TTg dated February 28, 2006 of the Prime Minister.

Article 1. To amend and supplement a number of articles of the Regulations on issuance and management of the APEC business travel cards (hereinafter referred to as ABTCs) attached with the Decision No. 45/2006/QD-TTg dated February 28, 2006 of the Prime Minister

1. To amend and supplement Clause 1, Article 2 as follows:

“1. ABTCs shall be valid for five years since the date of issue and shall not be extended; In case of expiration, the new one shall be issued.”

2. To amend the Article 4 as follows:

“Article 4. Vietnamese business people whose ABTCs are lost must report to the immigration authority, the Ministry of Public Security (according to forms as prescribed by the Ministry of Public Security) for destruction of value and making notifications to other countries or territories for destruction of value of the lost cards”.

3. To amend and supplement the Article 6 as follows:

“Article 6. Cases eligible for issuance of ABTCs

1. Vietnamese business people working in state-owned enterprises

a) Chairman of the Board of Members, chairs of corporations, general directors appointed by the Prime Minister;

b) 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;

c) Chief accountants, managers, assistant managers from enterprises, industrial zones, processing and exporting zones, economic zones, banks; heads of branches of enterprises or banks;

2. Vietnamese business people working in enterprises that are legally established under laws of Vietnam;

a) 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;

b) President of the Board of Directors, members of Board of Directors, directors or general directors of cooperatives or joint cooperatives;

c) Chief accountants, managers from enterprises; heads of enterprises branches and other similar titles;

3. Staff, officials and civil servants who take part in activities of APEC;

a) 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;

b) Staff, officials and civil servants responsible for participating in meetings, conferences, seminars and other activities of APEC;

c) Heads, deputy heads of Vietnamese trade representative offices in member states or territories of APEC;

4. In case of need, at the request of competent authorities as prescribed in Clause 2, Article 7 hereof, the Minister of Public Security may consider and issue ABTCs to persons not as defined in Clauses 1, 2 and 3, this Article.”

4. To amend and supplement the Article 7 as follows:

“Article 7. Authority to consider and permit use of ABTCs

1. Subjects as prescribed in Point a, Clause 1 and Point a, Clause 3, Article 6 of this Regulation that need issuance of ABTCs must be suggested and notified in writing by heads of agencies or enterprises where they work.

2. Subjects as prescribed in Points b, c, Clauses 1, 2 and Points b, c, Clause 3, Article 6 of this Regulation that need issuance of ABTCs must be agreed in writing by ministers, heads of ministerial-level agencies, Governmental agencies, presidents of People’s committees of central-affiliated cities and provinces, Chairman of the Board of Members appointed by the Prime Minister.

Business people working in enterprises established by ministries, ministerial-level agencies, Governmental agencies but equitized who need issuance of ABTCs must be agreed in writing by presidents of People’s committees of central-affiliated cities and provinces where the enterprises are headquartered.

3. Ministers, heads of ministerial-level agencies, Governmental agencies, presidents of People’s committees of central-affiliated cities and provinces, Chairman of the Board of Members shall consider and allow business people as prescribed in Clause 2, Article 6 hereof to use ABTCs in reliance on their capacity of production and business, cooperation with members states or territories.”

5. To amend the Clause 1, Article 9 as follows:

“1. Subjects as prescribed in Article 6 hereof who need issuance of ABTCs must fill procedures at the immigration authority. Application includes:

- One (01) declaration form attached with a passport photo and an affixed seal on along with confirmations by heads of enterprises or agencies organizing staff of economic sectors, state administration on activities of enterprises (according to forms prescribed by the Ministry of Public Security);

- Written requests for issuance of ABTCs or written permission for use of ABTCs issued by competent authorities as prescribed in Clauses 1, 2, Article 7 hereof.”

6. To amend Clause 1, Article 12 as follows:

“1. ABTCs remain valid but business people request re-issuance.”

7. To amend and supplement Point a, Clause 1, Article 13 as follows:

“a) For cases as prescribed in Clause 1, Article 12 hereof, the application includes:

- One (01) declaration form for issuance of ABTC attached with a passport photo and affixed seal on confirmed by heads of enterprises or agencies organizing staff of economic sectors, state administration on activities of enterprises (according to forms prescribed by the Ministry of Public Security);

- Written permission for use of ABTCs issued by competent authorities as prescribed in Clauses 1, 2, Article 7 hereof; Those who request re-issuance of ABTC shall not be required to submit the written permission issued by competent authorities if their titles and business positions remain the same as previous application for issuance of ABTC (as confirmed by heads of agencies or enterprises where they work).

- Issued ABTCs.”

In case names of member states or territories are added to ABTCs, only written request issued by agencies and enterprises is required for the application (for re-issuance of ABTCs).

8. To amend and supplement Point d, Clause 1, Article 13 as follows:

“d) For cases as prescribed in Clause 4, Article 12 hereof, the application includes:

- One (01) declaration form for re-issuance of ABTCs attached with a passport photo and an affixed seal on along with confirmations by heads of enterprises or agencies organizing staff of economic sectors, state administration on activities of enterprises (according to forms as prescribed by the Ministry of Public Security);

- Written notifications of loss of ABTCs as prescribed in Article 4 hereof.”

9. To amend and supplement Clause 2, Article 13 as follows:

“2. Validity period of re-issued ABTCs:

a) Validity period of ABTCs re-issued as prescribed in Clauses 1 and 6, Article 12 hereof is five years from the date of re-issuance;

b) Validity period of ABTCs re-issued as prescribed in Clauses 2, 3, 4, 5, Article 12 hereof is five years from the date old card is issued.”

10. To amend Clause 3, Article 18 as follows:

“3. Agencies, organizations and enterprises shall be responsible for cooperating with functional agencies in managing activities of business people using ABTCs entering Vietnam and cooperating with lodging establishments in carrying out registration of residence for business people according to laws.”

11. To supplement Article 20a on transitional provisions as follows:

“Article 20a. Transitional provisions

Unexpired ABTCs issued before September 01, 2015 shall be valid until the expiration date specified on the card."

Article 2. Implementation effect

This Decision takes effect on December 15, 2015.

Ministers, heads of ministerial-level agencies, heads of governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces shall be responsible for executing this Decision./.

The Prime Minister

Nguyen Tan Dung