Vietnam: Shall a business person has their APEC Business Travel Card reissued if their enterprise has a change in its type of business entity?
Vietnam: Shall a business person has their APEC Business Travel Card reissued if their enterprise has a change in its type of business entity?
According to Clause 1, Article 13 Decision 09/2023/QD-TTg, the procedures for issuing a new APEC Business Travel Card (ABTC) include the following cases:
Procedures for Issuing a New ABTC
1. Cases for issuing a new ABTC include:
a) First-time issuance of the card;
b) The old card has expired;
c) The business person has been reissued the card according to the provisions at Point a, Clause 1, Article 14 of this Decision;
d) The business person has changes in personal information;
dd) The business person has changes in position or workplace;
e) The enterprise has changes in its business model or name;
g) The business person has completed serving a court sentence.
Thus, according to the regulations at Point đ, Clause 1, Article 13 Decision 09/2023/QD-TTg, a business person who changes their position must get a new ABTC.
Shall a business person has their APEC Business Travel Card reissued if their enterprise has a change in its type of business entity in Vietnam?
What documents are included in the new ABTC application in Vietnam?
According to Clause 3, Article 13 Decision 09/2023/QD-TTg, the application for a new ABTC includes the following documents:
- 01 application form requesting the issuance of an ABTC according to form TK06 in the Appendix, certified and stamped across the photo by the enterprise's leader or the personnel management agency of economic sectors or the specialized state management agency for enterprise activities.
- 02 recent photographs, size 3 cm x 4 cm, bareheaded, facing straight, not wearing glasses, with a white background.
- The original written request for ABTC issuance signed by the leader of the agency, organization, or legal representative of the enterprise according to form CV02 in the Appendix.
- The original document permitting the use of the card from the competent authority.
If the application is valid, the Immigration Department, Ministry of Public Security will process it. If the application is invalid, the Immigration Department, Ministry of Public Security is responsible for guiding the completion of the application according to form CV03 in the Appendix.
In case of any suspicion, besides the documents prescribed in Clause 3 of this Article, the Immigration Department, Ministry of Public Security may request additional documents from the agency, organization, or enterprise for review. If after 03 months the agency, organization, or enterprise cannot provide the necessary documents, the Immigration Department, Ministry of Public Security will not process the application and will require the agency, organization, or enterprise to reapply for the permission document for the use of the ABTC from the competent authority stipulated in Article 10 of Decision 09/2023/QD-TTg.
Within 06 months from the time the competent authority allows the use of the ABTC, the agency, organization, or enterprise must complete the procedures for issuing a new ABTC. If the timeline is exceeded, the agency, organization, or enterprise must request the competent authority to reissue the permission document for the business person to use the ABTC.
An agency, organization, or enterprise applying for a new ABTC for a business person can register to receive the result directly, online via the Public Service Portal, or through public postal services.
In the case of direct submission, the agency, organization, or enterprise may designate someone to submit the application and receive the results on behalf of the business person.
The agency, organization, or enterprise requesting a new ABTC for the business person must pay the fees as prescribed.
What is the processing time for the first-time issuance of an ABTC for a business person in Vietnam?
According to Clause 1, Article 15 Decision 09/2023/QD-TTg, the processing time for the first-time issuance of an ABTC for a business person is prescribed as follows:
* For cases prescribed in Article 13 and Point a, Clause 1, Article 14 Decision 09/2023/QD-TTg, the processing time is as follows:
- Within 03 working days from the date of receiving a complete and valid application, the Immigration Department, Ministry of Public Security must exchange personnel data of the applicant with the competent authorities of APEC member economies and invalidate the previously issued ABTC.
- Within 21 days from the date of personnel data exchange, APEC member economies review the applicant's personnel data for ABTC issuance.
- Within 03 working days from the date of receiving responses from all competent authorities of member economies, the Immigration Department, Ministry of Public Security issues the ABTC to the applicant.
In cases where feedback from member economies is incomplete, if the business person needs the ABTC, the agency, organization, or enterprise should send a request to the Immigration Department, Ministry of Public Security. Within 03 working days from the date of receiving the request, the Immigration Department, Ministry of Public Security will issue the ABTC to the business person.
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