When an APEC Business Travel Card is lost, how long must the business person send a notification to the competent authority in Vietnam?
When an APEC Business Travel Card (ABTC) is lost, how long must the business person send a notification to the competent authority in Vietnam?
Pursuant to Point a, Clause 1, Article 19 of Decision No. 09/2023/QD-TTg stipulates as follows:
Responsibility for requesting invalidation of ABTCs in Vietnam
1. The cases specified in Clause 1, Article 18 of this Decision:
a) Within 48 hours after discovering the ABTC or ABTC account is lost, the business person shall submit, in person, or send a notification on losing ABTC form No. TK07 in the Appendix to the Immigration Department affiliated to Ministry of Public Security or immigration authority affiliated to the Provincial Police or the District Police or the Commune Police or online through the Public Service Portal of the Ministry of Public Security to invalidate the ABTC. In case of a force majeure event, the time limit for sending a notification of loss may be longer, but the application must clearly state the force majeure event.
b) Within 02 working days after receiving the notification on lossing ABTC, the receiving agency shall send a written notice to Immigration Department affiliated to Ministry of Public Security on such notification of the business person and the applicant using form CV04 in the Appendix.
2. As for a case specified in Clause 2, Article 18 of this Decision, within 05 working days, the agency, organization or enterprise shall have to revoke the ABTC and send a written request to the Immigration Department the Ministry of Public Security and specialized agencies of ministries, central agencies, socio-political organizations, the Vietnam Trade and Industry Federation, the People’s Committee of province to invalidate the ABTC.
3. As for a case specified in Clause 3, Article 18 of this Decision, the specialized agencies of ministries, central agencies, socio-political organizations, the Vietnam Trade and Industry Federation, the People’s Committee of province shall send a document to the Immigration Department affiliated to Ministry of Public Security to invalidate the ABTC.
4. As for a case specified in Clause 4, Article 18 of this Decision, the competent authorities and investigating agencies shall send a document to the Immigration Department affiliated to Ministry of Public Security to invalidate the ABTC.
5. As for a case specified in Clause 5, Article 18 of this Decision, the Ministry of Justice shall send a document to the Immigration Department affiliated to Ministry of Public Security to invalidate the ABTC.
6. As for a case specified in Clause 6, Article 18 of this Decision, the Court shall send a document to the Immigration Department affiliated to Ministry of Public Security to invalidate the ABTC.
7. As for a case specified at Clause 7 Article 18, after receiving an announcement of the competent authority of a participating economy that the ABTC already issued to a Vietnamese business person is no longer valid for entry into such economy, the Immigration Department affiliated to the Public Security Ministry shall notify such to the agency, organization or enterprise where the concerned business person has worked.
8. As for a case specified at Clause 7 Article 18, the Minister of National Defense, the Minister of Public Security shall issue a decision to invalidate the ABTC.
Thus, according to the above regulations, within 48 hours after discovering the ABTC or ABTC account is lost, the business person shall submit, in person, or send a notification to the competent authority. In case of a force majeure event, the time limit for sending a notification of loss may be longer, but the application must clearly state the force majeure event.
When an APEC Business Travel Card is lost, how long must the business person send a notification to the competent authority in Vietnam? (Image from the Internet)
What are the cases of invalidation of ABTCs in Vietnam?
Pursuant to Article 18 of Decision No. 09/2023/QD-TTg stipulating the invalidation of ABTCs in the following cases:
- Firstly, the business person lost his/her ABTC.
- Secondly, the business person no longer holds or changes the position mentioned in Article 9 of Decision No. 09/2023/QD-TTg.
- Thirdly, the enterprise has been dissolved, gone bankrupt or stopped operating.
- Fourthly, the business person has forged their application to enable the ABTC to be issued.
- Fifthly, the business person no longer holds Vietnamese nationality as prescribed by the law on nationality.
- Sixthly, the business person has served a criminal sentence or has a court ruling on travel restrictions.
- Seventhly, the business person is named in the list notified by the competent authority of a participating economy or territory stated in ABTC that their ABTC is no longer valid. In which case, the ABTC is only valid for entry to and exit from the remaining participating economies indicated on the card.
- Finally, for reasons of national defense and security.
Can ABTCs that have been invalidated be re-validated?
Pursuant to Clause 3, Article 20 of Decision No. 09/2023/QD-TTg stipulating as follows:
Notice of invalidation of ABTCs issued to Vietnamese business people
1. As for the case specified in Clause 1, Article 18 of this Decision, within 03 working days from the date of receipt of the businessperson's notification on losing ABTC or the written notice of receipt of the loss notification, the Immigration Department affiliated to Ministry of Public Security shall notify the participating economies of the invalidation of the ABTC and sending a written notice to the business person using the form CV05 in the Appendix.
2. As for the cases specified in Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Article 18 of this Decision, within 03 working days from the date of receipt of the request of the agencies mentioned in Article 19 of this Decision, the Immigration Department affiliated to Ministry of Public Security shall notify the competent authorities of the participating economies that the ABTCs issued to the Vietnamese business people are invalidated.
3. ABTCs that have been invalidated will not be re-validated. If a Vietnamese business person wishes to continue using the ABTC, he/she must apply for a new card or re-issuance of a card.
Thus, according to the above regulations, ABTCs that have been invalidated will not be re-validated. If a Vietnamese business person wishes to continue using the ABTC, he/she must apply for a new card or re-issuance of a card.
Decision No. 09/2023/QD-TTg takes effect from July 10, 2023
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