06:55 | 15/04/2023

Vietnam: What is the latest application form for issuing an approval letter on ABTC eligibility? What does the application for issuing an approval letter on ABTC eligibility to the Director of Cooperative include?

“What is the latest application form for issuing an approval letter on ABTC eligibility in Vietnam?” - asked Ms. Nga (Khanh Hoa)

What is the latest application form for issuing an approval letter on ABTC eligibility in Vietnam?

The latest application form for issuing an approval letter on ABTC eligibility in Vietnam is Form CV01 issued together with Decision 09/2023/QD-TTg:

Download the latest application form for issuing an approval letter on ABTC eligibility in Vietnam: here

What does the application for issuing an approval letter on ABTC eligibility to the Director of Cooperative in Vietnam include?

Pursuant to Clause 2, Article 12 of Decision 09/2023/QD-TTg as follows:

Procedures for issuing approval letter on ABTC eligibility to business people specified in Clauses 3 Article 9 of this Decision
1. Agencies, organizations and enterprises with business people specified in Clause 3 Article 9 of this Decision shall submit 1 set of application for approval letter on ABTC eligibility at specialized agencies of People's Committees of provinces, in person or online via the Portal of public services of People's Committees of provinces.
2. Application includes:
a) The original of the application for approval for ABTC eligibility, signed by the legal representative of the enterprise and in charge of personnel, according to form CV01 in the Appendix;
b) A general report detailing the taxes paid by the enterprise or business person to the State Budget in the 12 months up to the time of applying for approval letter on ABTC eligibility;
c) A certified copy or an authenticated electronic copy of a commercial contract signed by an enterprise in person or via electronic transaction with a partner of a participating economy with a term of no more than 2 years up to the time of requesting to use the ABTC, accompanied by documents showing that the contract, signed cooperation documents have been performed. If the documents are in a foreign language, they must be notarized or certified to be translated into Vietnamese. In case there is no commercial contract, documents proving the need to cooperate with partners of participating economies are required;
d) A certified true copy or an authenticated electronic copy of a valid passport or a document showing the need for regular and short-term travel to carry out signing and business cooperation activities with the foreign partner. If the copy is not authenticated, the original must be presented for verification and comparison;
dd) A certified copy or a certified electronic copy of the decision on appointment of position which the business person has held. If the copy is not authenticated, the original must be presented for verification and comparison;
e) Report on the enterprise's observance of social insurance obligations in the last 12 months and the business person’s social insurance payment period up to the time of application for approval for ABTC eligibility, enclosed with supporting documents; the period of payment of social insurance premiums qualified for ABTC issuance is at least 12 months. If the business person reaches a certain age which he/she is no longer required to participate in compulsory social insurance or has fulfilled the obligation to participate in compulsory social insurance, the reason shall be clearly stated in the report and enclosed with supporting documents. In case the business person is not subject to compulsory social insurance participation, the enterprise's written certification must be submitted;
g) The enterprise's latest year's financial settlement report approved by a competent authority.
...

Thus, the application for issuing an approval letter on ABTC eligibility to the Director of Cooperative in Vietnam includes:

- The original of the application for approval for ABTC eligibility, signed by the legal representative of the enterprise and in charge of personnel;

- A general report detailing the taxes paid by the enterprise or business person to the State Budget in the 12 months up to the time of applying for an approval letter on ABTC eligibility;

- A certified copy or an authenticated electronic copy of a commercial contract signed by an enterprise in person or via an electronic transaction with a partner of a participating economy with a term of no more than 2 years up to the time of requesting to use the ABTC, accompanied by documents showing that the contract, signed cooperation documents have been performed.

If the documents are in a foreign language, they must be notarized or certified to be translated into Vietnamese. In case there is no commercial contract, documents proving the need to cooperate with partners of participating economies are required;

- A certified true copy or an authenticated electronic copy of a valid passport or a document showing the need for regular and short-term travel to carry out signing and business cooperation activities with the foreign partner. If the copy is not authenticated, the original must be presented for verification and comparison;

- A certified copy or a certified electronic copy of the decision on the appointment of position that the business person has held. If the copy is not authenticated, the original must be presented for verification and comparison;

- Report on the enterprise's observance of social insurance obligations in the last 12 months and the business person’s social insurance payment period up to the time of application for approval for ABTC eligibility, enclosed with supporting documents; the period of payment of social insurance premiums qualified for ABTC issuance is at least 12 months.

If the business person reaches a certain age which he/she is no longer required to participate in compulsory social insurance or has fulfilled the obligation to participate in compulsory social insurance, the reason shall be clearly stated in the report and enclosed with supporting documents.

In case the business person is not subject to compulsory social insurance participation, the enterprise's written certification must be submitted;

- The enterprise's latest year's financial settlement report approved by a competent authority.

What are the methods of submitting applications for issuing an approval letter on ABTC eligibility to the Director of Cooperative in Vietnam?

Pursuant to Clause 1, Article 12 of Decision 09/2023/QD-TTg as follows:

Procedures for issuing approval letter on ABTC eligibility to business people specified in Clauses 3 Article 9 of this Decision
1. Agencies, organizations and enterprises with business people specified in Clause 3 Article 9 of this Decision shall submit 1 set of application for approval letter on ABTC eligibility at specialized agencies of People's Committees of provinces, in person or online via the Portal of public services of People's Committees of provinces.
...

Thus, according to the above regulations, the applicant shall submit an application for issuing an approval letter on ABTC eligibility to the Director of Cooperative at specialized agencies of People's Committees of provinces, in person or online via the Portal of public services of People's Committees of provinces.

Decision 09/2023/QD-TTg will take effect from July 10, 2023.

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