Latest ABTC Card (APEC Card) issuance procedure
In the context of deep international economic integration, the demand for travel among businesspeople between APEC member economies has been steadily rising. To support economic, trade, investment, and service cooperation activities, the Government of Vietnam has taken part in the APEC Business Travel Card (ABTC) program. Accordingly, what are the conditions for an enterprise established in Vietnam to be eligible for the issuance of an ABTC? What are the steps and procedures to be followed? Let us explore this matter in the article below.
Illustrative
1. What is the ABTC?
Pursuant to Clause 1, Article 3 Decision No. 09/2023/QD-TTg:
“1. The APEC Business Travel Card (ABTC) is a type of card issued by the competent authority of an APEC member economy to its businesspersons after obtaining approval for entry from other member economies.”
Accordingly, the ABTC (APEC Business Travel Card) is a special travel document that allows businesspersons of APEC member economies to make short-term, multiple entries without applying for entry visas, while also enjoying priority at immigration procedures in participating economies.
2. Legal Basis for ABTC Issuance
Decision No. 09/2023/QD-TTg dated 03 March 2023 of the Prime Minister on the issuance and management of the ABTC;
Law on Entry and Exit of Vietnamese Citizens 2019
3. Conditions for ABTC Issuance
3.1. Conditions for Enterprises
Pursuant to Clause 2, Article 8 Decision No. 09/2023/QD-TTg
“2. Eligibility criteria for the enterprise for which the business person is working:
a) The enterprise has operated continuously for 12 months or more, has strictly abided by the provisions of law on trade, tax, customs, labor, social insurance, and other relevant laws;
b) The enterprise has to engage in signing and direct business cooperation with partners of participating economies;
c) There is a need to send personnel on a regular, short-term travel to engage in business cooperation, trade, investment, service, or other business purposes in participating economies.”
Thus, the conditions for consideration for issuance of an ABTC card include:
+ The enterprise has been operating continuously for 12 months or more;
+ Be in full compliance with tax, customs, labor, and social insurance laws;
+ Having signed direct business cooperation agreements with partners in APEC economies;
+ Having a regular need to send staff abroad for economic purposes.
3.2. Conditions for Individual Businesspersons
According to Clause 3, Article 8 and Clause 3, Article 9 Decision No. 09/2023/QD-TTg:
“3. Eligibility criteria for ABTC applicant:
a) He/she is 18 years of age or older, and has active legal capacity;
b) He/she has worked and held a specific position in the agency, organization, enterprise for at least 12 months up to the date of application for approval for ABTC eligibility;
c) He/she does not fall under cases of temporary suspension from exit as prescribed in Article 36 of the Law on exit and entry of Vietnamese citizens.”
“Article 9. ABTC eligible entities
3. Vietnamese business people working for enterprises that are legally established under the laws of Vietnam;
a) Sole proprietors, Presidents of the Board of Members, members of the Board of Members, Presidents of the Board of Directors, members of the Board of Directors; Presidents of companies; General Directors or Directors, Deputy General Directors or Deputy Directors of enterprises;
b) President of the Board of Directors, members of the Board of Directors, Directors, or General Directors of cooperatives or joint cooperatives;
c) Chief accountants, Directors of divisions or Managers in person related to business, trade, investment, and service activities in enterprises; Heads of the branches of the enterprise.”
In general, the conditions for individual entrepreneurs to be considered for ABTC cards include:
– Be at least 18 years old with full legal capacity;
– Being a person holding an actual position at an enterprise for 12 months or more;
– Not falling under the cases of temporary suspension of exit according to Article 36 of the Law on Entry and Exit;
– Currently holding some typical positions at an enterprise, such as General Director, Director, Deputy Director, Chief Accountant, Head of Department related to trade-investment activities, Branch Head, etc.
4. Validity and Duration of Stay when Using the ABTC
Pursuant to Clause 1, Article 16 Decision No. 09/2023/QD-TTg:
– Validity of Card: The ABTC shall be valid for a period of 05 years from the date of issuance.
– Duration of Stay: Ranges from 60 to 180 days, depending on the economy, as outlined in the following table.
| Economy | Validity of Card (years) | Duration of Stay per Entry (days) | Port of Entry |
| Australia (AUS) | 5 | 90 | All |
| Bangladesh (BD) | 5 | 90 | Designated Port |
| Chile (CHL) | 5 | 90 | All |
| China (PRC) | 5 | 60 | All |
| HongKong (HKC) | 5 | 60 | All |
| Indonesia (INA) | 5 | 60 | Designated Port |
| Japan (JPN) | 5 | 90 | All |
| Korea (ROK) | 5 | 90 | All |
| Malaysia (MAS) | 5 | 90 | Designated Port |
| Mexico (MEX) | 5 | 180 | All |
| New Zealand (NZ) | 5+ | 90 | All |
| Papua New Guinea (PNG) | 5 | 60 | Designated Port |
| Peru (PE) | 5 | 90 | All |
| Philippines (PHL) | 5 | 60 | All |
| Russia (RUS) | 5 | 90+ | All |
| Singapore (SGP) | 5 | 60 | All |
| Taiwan (CT) | 5 | 90 | All |
| Thailand (THA) | 5 | 90 | All |
| Vietnam (VN) | 5 | 90 | All |
Note:
+: Russia – maximum 90 days in a total of 180 days.
5. Procedures for Issuance of the ABTC
Pursuant to Articles 12 and 13 of Decision No. 09/2023/QD-TTg, the issuance of the ABTC shall comprise two stages:
5.1. Stage 1: Application for the Letter of Consent for Use of the ABTC
a. Competent Authority[1]: The People’s Committee of the province or centrally-run city where the enterprise has its head office.
b. Dossier Components[2]:
– Request letter for card issuance using Form CV01;
– Decision on the appointment to the entrepreneur’s position;
– Commercial contract(s) executed directly or via electronic transactions between the enterprise and partners of APEC member economies, valid for no more than 02 years prior to the application for use of the ABTC, accompanied by supporting documents demonstrating contract performance and cooperation;
– Consolidated report detailing taxes paid by the enterprise and the entrepreneur into the State budget during the 12 months preceding the application for use of the ABTC;
– Annual financial statement of the most recent year of the enterprise, duly approved by the competent authority;
– Report on compliance with social insurance obligations of the enterprise during the most recent 12 months;
– Detailed list of social insurance contributions of the enterprise during the most recent 12 months;
– Evidence of the entrepreneur’s social insurance contributions in the position for which the card is requested, for a minimum period of 12 months.
– Valid passport of the entrepreneur applying for the card.
* Note: All documents in a foreign language must be notarized or authenticated translations into Vietnamese by the competent authority.
c. Processing Time[3]:
– Step 1: Within 03 working days from the date of receiving a complete and valid dossier, the specialized agency under the provincial People’s Committee will transfer the information of the enterprise/entrepreneur to relevant agencies such as tax, customs, insurance, and police for verification.
– Step 2: Within 20 days, the above agencies must respond in writing. If they do not respond on time, it is understood that they agree and must be responsible for this. In case further verification is needed, the competent verification agencies can extend the time limit once, up to a maximum of 15 days.
– Step 3: After having the results of verification and assessment of the enterprise’s capacity, within 05 working days, the specialized agency will submit to the Chairman of the provincial People’s Committee a written consent (if eligible) or a notice of refusal (if ineligible).
– Step 4: The Chairman of the Provincial People’s Committee shall issue a document approving the use of ABTC within 05 working days from the date of receiving the dossier from the specialized agency. If refused, a written response must be provided stating the reason.
5.2. Stage 2: Application for the ABTC at the Ministry of Public Security
a. Competent Authority[4]: The Immigration Department – Ministry of Public Security.
b. Dossier Components[5]:
– Application form for card issuance using Form TK06 (with photo affixed);
– Two recent photographs (3cm x 4cm), bareheaded, facing forward, without glasses, against a white background;
– Request letter for card issuance using Form CV02;
– Letter of consent for use of the ABTC issued by the People’s Committee (result of Stage 1).
c. Processing Time[6]:
– Step 1: Within 03 working days from receipt of a complete and valid dossier and prescribed fee, the Immigration Department shall exchange personal data of the applicant with the competent authorities of APEC member economies
– Step 2: Within 21 days from the date of data exchange, APEC member economies shall review the applicant’s eligibility.
– Step 3: Within 03 working days from receipt of responses from all competent authorities of member economies, the Immigration Department shall issue the ABTC to the applicant.
*Where responses from all member economies have not yet been received, but the entrepreneur requests issuance of the ABTC, the requesting agency/organization/enterprise shall submit a written request to the Immigration Department for result delivery. Within 03 working days from receipt of such a request, the Immigration Department shall provide the result to the requesting agency/organization/enterprise.
d. Issuance Fee[7]: 1,200,000 VND
Related Administrative Procedures:
Issuance of the letter of consent for use of the ABTC at the local level;
6. Certain Notes When Applying for the APEC Business Travel Card (ABTC)
– It should be noted that although the United States and Canada are currently members of the Asia-Pacific Economic Cooperation (APEC), these two economies do not participate in the APEC Business Travel Card (ABTC) scheme. Accordingly, ABTC holders are still required to apply for visas when entering the United States or Canada in accordance with the prevailing immigration laws of each country.
– The approval document permitting the use of the ABTC issued by the Provincial/City People’s Committee under central authority (pursuant to Clause 3, Article 5 of Decision No. 09/2013/QĐ-TTg) is valid for a period of six (06) months from the date of issuance. After this period, if the application for the ABTC has not been submitted, the enterprise must obtain a new approval document.
– Cases in which the ABTC shall be invalidated include:
+ The businessperson loses the ABTC.
+ The businessperson no longer holds, or changes, the position(s) specified in Article 9 of Decision No. 09/2023/QD-TTg.
+ The enterprise has been dissolved, declared bankrupt, or ceased operations.
+ The ABTC was obtained by falsifying documents of the businessperson.
+ The businessperson no longer holds Vietnamese nationality in accordance with nationality laws.
+ The businessperson is serving a criminal sentence or is subject to a court ruling restricting their right to travel.
+ The businessperson is listed in a notice by the competent authority of an APEC member economy stating that their ABTC is no longer valid. In such a case, the ABTC shall remain valid only for entry and exit with respect to the remaining economies indicated on the card.
+ For reasons of national defense or security.
For any inquiries or requests for legal services relating to the procedures for obtaining the APEC Business Travel Card (ABTC) and other related legal matters, please contact CBI Law Firm for further assistance.
[1] Pursuant to Article 10 of Decision No. 09/2023/QD-TTg.
[2] Pursuant to Clause 2, Article 12 of Decision No. 09/2023/QD-TTg.
[3] Pursuant to Clauses 3, 4, 5, 6, 7 and 8, Article 12 of Decision No. 09/2023/QD-TTg.
[4] Pursuant to Clause 2, Article 13 of Decision No. 09/2023/QD-TTg.
[5] Pursuant to Clause 3, Article 13 of Decision No. 09/2023/QD-TTg.
[6] Pursuant to Clauses 4, 5, 6, 7 and 8, Article 13 and Clause 1, Article 15 of Decision No. 09/2023/QD-TTg.
[7] Pursuant to Circular No. 25/2021/TT-BTC.
